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FROM: Dennis Fields, Emergency Services SUBJECT: RESPONSE TO EDDIE'S PIZZA Following is my response to Mr. Ellis letter regarding Eddie's Pizza: A. On October 23, 1998 OES received a Carbon Dioxide Disclosure Survey from Mr. Badway for each of his facilities. Each survey was signed by Mr. Badway and indicated that he had CO2 over 137 pounds at each facility. A HMMP was sent and due back to this Office by 11/26/98. OES never received a HMMP. According to Mr. Ellis, the bulk tanks were not removed until 12/11/98. This is 15 days past the due date of the HMMP. The spread sheets indicate an average use of 118lbs per month for each facility. Mr. Ellis states that Airgas would not pick up the tanks until they were empty for safety reasons. With the monthly average usage of 1181bs it would seem that it would take almost four months before each tank became empty for safe shipping. B. During an inspection on 11/1/99 Mr. Badway stated that as long as he stayed below 150lbs he would not have to complete a HMMP. He was reminded at this time that he had to stay below 137lbs. This statement would indicate that he has been going above the 1371b limit for the exemption status. C. There is a misconception about empty carbon dioxide cylinders. They are not truly empty, but have reached a point that the cylinder does don't have enough pressure to push the soda. D. OES does not have the ability to determine the quantity in the CO2 cylinders, but neither does Mr. Badway. Mr. Badway has no system in place (a tag system is available) to identify which ones are full or empty. Because Mr. Badway did not have a system in place, OES checked all cylinders for pressure. All of the cylinders had enough pressure to push an individuals thumb off each cylinder. E. The spread sheets only indicate what was delivered to each facility. There is no way to know how many cylinders were still on site or picked up. Mr. Ellis states that only one facility received more than a 100 lbs. Two spread sheets indicates that two facilities received 150lbs twice during 1999. Chapter 6.95 states that at any time during the year the business meets or exceeds the quantity it is reportable. Also, piping is part of the system and the amount in the system can be part of the quantity. F. Mr. Ellis states that his client keeps one or two fifty (50) pound tanks on line, and there is one backup. The facility on Hammer Lane has the ability to have two cylinders on line at one time. During inspections, two cylinders were on line and two were backup. The other two facilities only have the capability to have one cylinder on line and two were back up. COUNTY OF SAN JOAQUIN Pq��N OFFICE OF EMERGENCY SERVICES RONALD E. BALDWIN r. r' 'yam ROOM 610, COURTHOUSE DIRECTOR OF • 222 EAST WEBER AVENUE EMERGENCY OPERATIONS c ... ;� STOCKTON, CALIFORNIA 95202 TELEPHONE (209) 468-3962 HAZARDOUS MATERIALS DIVISION (209) 468-3969 December 14, 1999 TO: David Irey, Environmental Prosecutions Unit FROM: Dennis Fields, Emergency Services SUBJECT: RESPONSE TO EDDIE'S PIZZA Following is my response to Mr. Ellis letter regarding Eddie's Pizza: A. On October 23, 1998 OES received a Carbon Dioxide Disclosure Survey from Mr. Badway for each of his facilities. Each survey was signed by Mr. Badway and indicated that he had CO2 over 137 pounds at each facility. A HMMP was sent and due back to this Office by 11/26/98. OES never received a HMMP. According to Mr. Ellis, the bulk tanks were not removed until 12/11/98. This is 15 days past the due date of the HMMP. The spread sheets indicate an average use of 118lbs per month for each facility. Mr. Ellis states that Airgas would not pick up the tanks until they were empty for safety reasons. With the monthly average usage of 1181bs it would seem that it would take almost four months before each tank became empty for safe shipping. B. During an inspection on 11/1/99 Mr. Badway stated that as long as he stayed below 150lbs he would not have to complete a HMMP. He was reminded at this time that he had to stay below 137lbs. This statement would indicate that he has been going above the 1371b limit for the exemption status. C. There is a misconception about empty carbon dioxide cylinders. They are not truly empty, but have reached a point that the cylinder does don't have enough pressure to push the soda. D. OES does not have the ability to determine the quantity in the CO2 cylinders, but neither does Mr. Badway. Mr. Badway has no system in place (a tag system is available) to identify which ones are full or empty. Because Mr. Badway did not have a system in place, OES checked all cylinders for pressure. All of the cylinders had enough pressure to push an individuals thumb off each cylinder. E. The spread sheets only indicate what was delivered to each facility. There is no way to know how many cylinders were still on site or picked up. Mr. Ellis states that only one facility received more than a 100 lbs. Two spread sheets indicates that two facilities received 150lbs twice during 1999. Chapter 6.95 states that at any time during the year the business meets or exceeds the quantity it is reportable. Also, piping is part of the system and the amount in the system can be part of the quantity. F. Mr. Ellis states that his client keeps one or two fifty (50) pound tanks on line, and there is one backup. The facility on Hammer Lane has the ability to have two cylinders on line at one time. During inspections, two cylinders were on line and two were backup. The other two facilities only have the capability to have one cylinder on line and two were back up.