Torrance Told It Could Curb Mobil Acid Use But Not Easily

The city of Torrance probably has the authority to ban or restrict the use of acutely hazardous hydrofluoric acid at Mobil Oil’s troubled Torrance refinery, a former city attorney has concluded.

But it will probably set a precedent if the city does so, former City Atty. Stanley Remelmeyer said in a report to the City Council released Thursday.

Remelmeyer said extensive legal research failed to turn up any instance in which a municipality has taken on a major operation run by an international company such as Mobil and forced it to make such a significant alteration in its procedures.

The lawyer cautioned, however, that it would be foolish to expect Mobil to take such a move lying down.

Although no state or federal legislation preempts the city from regulating hydrofluoric acid, the report pointed out that the state Legislature or Congress could assert such authority at any time.

“One would expect that if cities and counties started passing ordinances concerning hydrofluoric acid, then the oil companies would go to the Legislature to get it preempted,” Remelmeyer said in an interview.

No Mobil spokesman could be reached for comment.

The report offers what Remelmeyer called “a cafeteria” of ways to limit the risks posed by the chemical, which is used by Mobil and three other Los Angeles refineries to boost the octane of unleaded gasoline.

Tests conducted in 1986 by Amoco indicated that a rapid 1,000-gallon release of hydrofluoric acid could create a plume of toxic gas that could kill people as far as five miles away. Mobil typically has 29,000 gallons of the substance at the refinery.

Among the options examined in the report were:

An ordinance banning or limiting the use of hydrofluoric acid in refining.

A lawsuit against Mobil seeking a court order to eliminate or restrict use of the chemical. As part of the lawsuit, the council could present a proposed ordinance to the court and ask if it would be legal.

“There appears to be no question that Mobil’s use of hydrofluoric acid is a hazard and a danger to the area surrounding the Mobil plant,” Remelmeyer’s report said. “Litigation would at least compel Mobil to demonstrate with verified scientific data the extent of the danger and risk of explosion or a catastrophic release of gas.”

A land-use ordinance prohibiting oil refineries in the city.

The refinery was built in 1929, before large-scale housing construction, “when it made sense to allow refineries in Torrance,” the report said. “Based on the recent history of fires, explosions and safety problems in the refinery, a good case can be made that an oil refinery is no longer a compatible use on Mobil’s property or on any other land in Torrance.”

The report notes, however, that under land-use law, existing refineries--Mobil’s is the only one in Torrance--would have to be allowed to operate during an amortization period that might last 40 years.

An ordinance requiring a special permit for hazardous materials. To get a permit, Mobil might face hearings and restrictions on the use of the chemical.

To follow any of these options, Remelmeyer said, the city would be wise to hear scientific evidence demonstrating that the refinery poses a hazard. He added that valuable information might be contained in a study of the risks of using hydrofluoric acid that Mobil is conducting at the insistence of the Torrance Fire Department. In addition, he said, tests on acid releases conducted last year in Nevada are expected to provide insights into how to limit the risks of using the chemical.

‘Tremendous Stake’

Remelmeyer noted, however, that the tests “are being underwritten by the oil industry, which clearly has a tremendous stake in the outcome of the tests. We cannot be sure (that) the extent of the danger now existing will be shared with the public by Mobil.”

The report also gave mixed reviews to a ballot initiative, filed by Councilman Dan Walker in December, that would prohibit storage of more than 250 gallons of hydrofluoric acid in Torrance, a restriction that would effectively prevent Mobil from using it. Walker said a signature-gathering campaign to get the measure on the ballot will start in several weeks.

“It is likely that the ordinance would be declared valid by the courts,” the report said. Remelmeyer quoted from a federal case in which the court held that “long ago, it was recognized that all property . . . is held under the implied obligation that the owner’s uses of it shall not be injurious to the community.”

However, Remelmeyer said that the initiative is imprecise when referring to hydrofluoric acid and that the state or federal government could intervene to preempt such an ordinance.

Bolsters Conviction

In an interview, Walker said the report only bolstered his feeling that the proposed measure should be adopted. And he said he doubts that the state Legislature “would override the safety concerns of the city of Torrance.”

Mayor Katy Geissert called Remelmeyer’s study “an outstanding report. The message to me is that . . . we have to be very, very careful in gathering scientific evidence to justify our actions.”

In a pointed reference to Walker’s initiative, which council colleagues criticized as premature when it was announced, Geissert added: “The strongest possibility I see--and that is what the council has had in mind all along until we were one-upped by an end run--is regulation of hazardous materials.”

Geissert said such regulation might make it difficult or impossible for Mobil to continue using hydofluoric acid.