paul gannon with the tesoro refinery near martinez. thanks for your time, paul. now let's check in with patti lee. patty? >> reporter: i'm right outside the refinery where you can see the plumes, the sky. depending upon your angle you can see three to five flames shooting here. you can also see the smoke starting to dissipate slowly in the sky. that's what the health officials are worried about. that's why there is a level iii warning in the community and despite that, there are groups of people who have driven out to the street they are walking around kind taking pictures almost like this is an attraction -- attraction they say they are not re-- they are not really worried about their health. they come out here all of the time. dan, you come out here and tell me why you come out here. >> i'm always interesting in stuff like this. it's interesting to know what's going on so we -- >> reporter: i'm sorry. you are interested in knowing what's going on but yet you are not worried about your health? >> no. i'm not worried about my health. i'm nowhere near the smoke an

gannon. hey, patrick. let's talk a little rand paul if you like. fine-tuning a pitch for a tea party caucus actually.vant and influential enough among the republican establishment after these elections are over? >> he owes so much of his success to the tea party movement. so he wants to get a caucus between senate and house members to keep them in touch with this grassroots enthusiasm. it will be interesting to see how -- there's sort of this establishment versus tea party narrative playing out a bit. when we look back at michele bachmann who set up a tea party caucus in the house before this election, a lot of republican congressmen were not 100% on board with joining it. they were a little leery because they weren't quite sure how it would play out in 2008, would they be a net gain or loss given the bad press it received at rallies. rand paul is very much trying to make his campaign and now his reign in office a reminder to people that now that you're in office you can't forget about how we got here. how many people he can bring on board will be a different story. >> that's the question, pat. the t