Report: MRC Tried to Call County Hazmat Twice Before Activating Community Warning System for Coke Dust Release; No One Answered
Also, dust from July 11 incident reportedly made its way to elementary school where youths were attending summer camp; MUSD learned of release four hours after it occurred
Upon learning of last week’s release of “coke” dust into the community, the Martinez Refining Co. twice tried to call county hazmat staff to report the incident before activating the Community Warning System as required, but no one picked up either time, according to the refinery’s 72-hour report that was posted online this week.
MRC didn’t activate the Community Warning System (CWS) until 29 minutes after its first attempt to reach hazmat staff by phone, according to a timeline of the notifications the refinery made to regulatory agencies regarding the incident. Activating the Community Warning System automatically sends an electronic alert to relevant public agencies, bypassing the need to reach individuals by phone in an emergency situation.
The July 11 release was classified as a “Level 1” alert, where no off-site health consequences are expected; coke dust generally poses “a low health hazard potential in humans,” according to the U.S. Environmental Protection Agency.
Also, Martinez Unified School District Superintendent Helen Rossi said in response to an email inquiry from me this week that dust believed to be from the incident was found at Las Juntas Elementary School, where youths were attending a summer camp program that day. Rossi said she received a phone call from a Martinez refinery representative around 12:50 p.m., roughly four hours after the incident occurred and three hours after the refinery’s first attempt to notify authorities of the release. Youths attending the Las Juntas program were kept indoors the rest of the day as a precaution, and custodial and maintenance staff washed down outdoor equipment.
The 72-hour report, which can be found by clicking this link, offers no explanation for the one-hour gap between when the release occurred at approximately 8:52 a.m. and the first attempt to reach county hazmat authorities at 9:52 a.m.; nor does it explain why the refinery tried twice to reach the hazmat program by phone before activating the Community Warning System at 10:21 a.m. The report also indicates that MRC called the “general information” phone number for Contra Costa Health Services when attempting to notify hazmat staff of the release; in contrast, the report indicates that it reached out to specific individuals at the Bay Area Air Quality Management District (BAAQMD) and Cal/OSHA.
In response to an inquiry about the delay in attempting to report the incident to authorities and in activating the Community Warning System, MRC spokesperson Brandon Matson referred me to a statement by refinery Manager Daniel Ingram that read in part:
“We will continue to investigate the root cause of the incident and the delay in our initial CWS notification, identify appropriate corrective actions, and work cooperatively with all agencies, while addressing the concerns of our neighbors through our claims line. We remain committed to achieving safe, reliable and environmentally responsible operations and earning the right to operate in our Martinez community. We are also committed to ensuring we make timely CWS notifications.”
MRC has been under investigation by the Contra Costa District Attorney’s Office since January for its failure to activate the Community Warning system for a much more serious release of “spent catalyst” dust on Nov. 24-25 that blanketed the surrounding community with 20 to 24 tons of the metal-laden substance; the FBI and EPA have also launched investigations into the accident, though it is unclear what is the nature of those probes. MRC has said that it didn’t activate the CWS in that case because it didn’t learn of the incident until notified by community members who were affected by the dust the day after the release began.
The failure of the CWS during November’s incident — apparently the only time such a failure has occurred in the roughly 30-year history of the system — has largely been overshadowed in the months since by concerns over the impact of the spent catalyst on soil and backyard gardens; those concerns were largely allayed by soil test results that were released in early June showing no ongoing risks to public health. The county’s independent investigation into the incident, under the purview of a community-involved oversight committee, is now focused on the root cause of the Thanksgiving night accident, but county officials have made clear that it will not address the warning system failure, citing the fact that it is in the hands of the D.A. The D.A. is scheduled to provide an update on its investigation to the oversight committee on Aug. 10.
According to the timeline in the 72-hour report for the July 11 release, MRC left a voicemail for hazmat staff at 9:52 a.m.; called the EPA at 10 a.m.; BAAQMD at 10:13 a.m.; tried unsuccessfully to reach hazmat staff again at 10:15 a.m.; then activated the warning system at 10:21 a.m. It followed up with calls to the Contra Costa and California Offices of Emergency Services and Cal/OSHA, the state agency that regulates workplace safety. It also failed to immediately reach Contra Costa’s OES, leaving a message at 10:41 a.m.; MRC says the call was returned at 4:29 p.m.
When asked via email about the decision to alert the school district to the release roughly three hours after first trying to notify county officials, Matson replied:
We first made required notifications to appropriate agencies. Then, we reached out to some of our key community stakeholders, the school district being a very important one. The call we made to the school district was as a courtesy follow-up to the initial notifications we made.
Las Juntas Elementary is located a few blocks from the refinery on Pacheco Boulevard.
Because this was a Level 1 alert, the lowest level recorded through the Community Warning System, there was no requirement for county authorities to directly alert community members to the incident. Contra Costa Health posted a brief alert on social media early in the day, then forwarded a news release about the incident to refinery neighbors shortly before 4 p.m. The announcements did not specify that no off-site public health impacts were expected from the incident, nor did they include information about the known health effects from exposure to coke dust. CCH followed up with a more detailed announcement on Friday where it addressed these issues.
In addition to the call from the refinery, Rossi said she heard from Contra Costa Health officials around 3 p.m. about the incident and received follow-up communication from the refinery and CCH to see whether she had questions. It was made clear to her that this was a Level 1 alert where no off-site consequences were expected.
As to the cause of the release itself, MRC’s 72-hour report says it “occurred when hot coke was moved from a drum into a coke pit where it contacted water, creating steam with petroleum coke dust, which was carried by wind into the residential area east of the refinery.” The amount of dust released remains undetermined at this time. MRC said it has received 33 calls from the community regarding the incident.
MRC said in the report that the incident remains under investigation, meaning that it will be required to file a 30-day follow-up report.
The incident is expected to be a major topic of discussion at Wednesday night’s City Council meeting, when CCH’s hazardous materials program is expected to make a presentation. The meeting begins at 7 p.m. and is accessible in person and on Zoom. The agenda link: https://martinez.granicus.com/DocumentViewer.php?file=martinez_578ffcc4e3741e5345860237cf3805a2.pdf&view=1