gatekeeper newsletter · getting the word out.) a new un number has been approved for...

August 1, 2008

Volume VIII, Edition 08

Lou Trammell, Chair http://www.dem.state.az.us/

Janet Napolitano, Governor http://www.governor.state.az.us/

Gatekeeper Newsletter

Inside this issue:

SOLVENTS EXPLOSION 3

TSCA IMPORT REQUIRE-MENTS

4

ENFORCEMENT CORNER 8

TAKE AND GO EMERGENCY BOOK

15

LAW REQUIRES RRS TO NOTIFY STATE OF PLANS

18

NIOSH TO HOST “NO FIT TEST” RESPIRATOR WORK-

SHOP

19

TRIBAL CORNER 24

Mark Howard, Executive Director http://www.azserc.org

A R I ZO N A E M E R G E N C Y R E S P O NS E C O M M I S S I ON 5636 E AST M CD OWELL R OAD

P HOENIX, A RIZONA 85008-3495

October 1, 2010 for up to 20% Ethanol in Gasoline. (Thanks to Stephen Marks and Capt Bruce Bugg for the re-minders and to [email protected] ; [email protected] ; and [email protected] for getting the word out.)

A new UN number has been approved for gasoline/alcohol blends that have an alcohol content of more than 10%. The number is: UN3475. The placards that might be of interest: Gasoline, gasoline/alcohol 10% or less- UN1203 Gasoline/alcohol >10%- UN3475 Denatured alcohol- UN1987 or UN1993 For additional infor-mation about ethanol, including

a safety video for emergency response: http://www.ethanolresponse.com/resources.html Also, see the DOT Final Rule at http://hazmat.dot.gov/regs/rules/final/73fr/docs/73fr-4699.pdf Keep in mind that there is a two-year transition period, so a mixture of systems may be seen until October 1, 2010. "1203" can be used until

An ETHANOL Reminder:

2008 Emergency Response Guidebook (ERG2008) Pipeline and Hazardous Mate-

rials Safety Administration

GoTo: http://hazmat.dot.gov/pubs/erg/gydebook.htm for more information on the ERG 2008. You will find Updates, pdf versions of the guidebook in English and Spanish, software versions of the ERG 2008, and more!

"It is with great sadness that we've learned that George Little passed away on July 22, 2008. We know his spirit will be with us forever. Rest in peace George; you will always remain an inspira-tion."


"the noti-fication letter should not be a surprise to anyone." Tim Scott, chief security officer and global director of emergency service and security for Dow Chemical, tells C&EN that several Dow facilities received DHS letters but that the exact number and tier cannot be confirmed for security reasons. Yale University Director of _Environmental Health & Safety_ (http://www.yale.edu/oehs/ ) Peter A. Reinhardt says DHS informed him that "dozens, not hundreds, of colleges and universities are included in the risk tiers." He adds that "very few are ranked as tier 1; most are ranked in the lower tiers 3 and 4." Reinhardt notes that Yale was not ranked. DHS Press Secretary Laura Keehner tells C&EN that the first part of the facilities assessment process went "very smoothly" and adds that "DHS's relationship with the chemical sector and other members of the regulatory community continues to be strong and productive." (Thanks to Rochelle Bohaty (http://pubs.acs.org/cen/staff/biorob.html ) for the information and to Timothy R Gable-house, President, NASTTPO (visit www.nasttpo.org ) [email protected] )

The Department of Homeland Security (http://www.dhs.gov/ ) has preliminarily labeled more than 200 chemical facilities, including university laboratories, at high-est risk for a potential terrorist attack. DHS has winnowed this number from a pool of about 7,000 facilities under re-view in its chemical plant security pro-gram. The agency had identified these facilities from a larger pool of 32,000 and ranked them according to a four-tier system. The highest risk facilities will be subject to the most stringent federal regulation and may be fined for noncompliance or even shut-tered ((C&EN, April 9, 2007, page 13_ http://pubs.acs.org/cen/news/85/i15/8515notw8.html ). For now, the des-ignation by DHS means that these facili-ties must complete a more detailed secu-rity and vulnerability assessment. Many companies with high-risk facilities are concerned about the ranking. Jeff Gunnulfsen, senior manager of govern-ment relations for the _Synthetic Organic Chemical Manufacturers Association_ (http://www.socma.com/ ) (SOCMA), a trade group, tells C&EN that members have been ringing his phone off the hook. He says he has had to remind them that these rankings are preliminary and that final rankings have yet to be determined. C&EN has learned from several sources

the breakdown of the notified facilities into the four-tier system: 219 in tier 1, the highest risk level; 756 in tier 2; and 1,712 and 4,319 in tiers 3 and 4, respectively. DHS will neither confirm this exact breakdown of the preliminary tier rank-ings nor release the names of any of the facilities. These facilities were notified of their pre-liminary ranking in letters sent by DHS (recently). Once the facilities submit the additional information DHS requires, the agency will make its final assessment and determine the final ranking of each high-risk facility. The final rankings will dic-tate the security measures a given facility must abide by. Potential security meas-ures include installation of a perimeter fence or switching to less hazardous chemical inventories or processes. Like SOCMA, the _American Chemistry Council_ (http://www.americanchemistry.com/ ) (ACC), another industry trade group, confirms that members have been notified of their DHS-designated high-risk status. "When we started advocating for a federal chemi-cal security program, we assumed that all of our members would be included" in the risk ranking, ACC Communications Di-rector Scott Jensen says. He won't say exactly how many ACC members are receiving letters, but he points out that

Chemical Vulnerability - DHS & 200 Highest-risk Facilities:

IIINDUSTRYNDUSTRYNDUSTRY CCCORNERORNERORNER

to enhance the safety of imported goods. EPA’s new Web portal is available at: http://www.epa.gov/compliance/international/importexport.html Note: If a link above doesn't work, please copy and paste the URL into a browser. Contact Dale Kemery, (202) 564-4355 / [email protected]

EPA has developed a one-stop Web portal to help importers and exporters of goods meet requirements to protect human health and the environment. The portal provides information about: · vehicles and engines · fuel and fuel additives · ozone depleting substances · chemical substances regulated under

the Toxic Substances Control Act

· pesticides, including pesticide resi-dues on foods

· hazardous wastes · plumbing products · scrap metal. The portal is being released in conjunc-tion with the federal government’s update to the November 2007 Action Plan for Import Safety. The update summarizes achievements in import safety over the past several months and key steps planned

Importing or Exporting? New EPA Web Portal Provides Environmental Requirements:


mon flammable liquids are particularly susceptible to ignition by static sparks. Some of these flammable liquids can produce the optimal amount of vapor to fuel an explosion at normal tempera-tures inside a storage tank.' Mr. Wark continued, 'While we found the most likely cause of the Barton explosion was sparking across the float linkage, we emphasize that explosions can occur in tanks without faulty floats when there is a discharge from the build-up of static in the nonconductive flammable liquid it-self.' Material Safety Data Sheets, or MSDSs, communicate hazard information on chemical products. The CSB determined the MSDS for the VM&P Naphtha did not adequately describe the explosive hazard or the precautions necessary to prevent ignition from static electricity. Most of the MSDSs for the flammable solvents supplied to Barton indicated that the solvent could accumulate a static charge, which could spark and ignite va-por. But the MSDSs did not warn that the solvent could form a highly explosive vapor-air mixture inside a storage tank. The CSB reviewed 62 MSDSs for some of the most widely used nonconductive flammable liquids in industry, such as VM&P Naphtha, hexane and tolu-ene. Most failed to recommend specific precautions beyond bonding and ground-ing. 'The accident at Barton Solvents empha-sizes the need for accurate and detailed MSDSs,' said Mr. Wark. 'We found that while most MSDSs for this category of flammable liquids do warn about the dan-gers of accumulating static electricity because the liquids are poor conductors, the MSDSs do not warn specifically that they can be ignited in storage tanks. Companies should be aware that some of these flammable liquids can form an ignitable vapor-air mixture inside stor-age tanks.' Continued on the next page.

The Chemical Safety Board (CSB) called on OSHA and trade associations to im-prove Material Safety Data Sheets for nonconductive flammable liquids. CSB, along with the case study also released a safety video with animation of the July 2007 explosion and fire at the Barton Sol-vents distribution facility in Valley Cen-ter, Kansas. The CSB found the most likely cause of the explosion -- involving what is known as a nonconductive flammable liquid -- was a static spark resulting from a loosely-linked level-measuring float within the tank. The spark ignited the air-vapor mixture inside the tank as it was being filled. Nonconductive flammable liquids can accumulate and maintain static electrical energy which discharges more slowly than from more conductive liquids. In addition, some of these liquids can form ignitable vapor-air mixtures inside storage tanks which can explode if a spark occurs. The CSB released a ten-minute safety video which features a computer anima-tion depicting the sequence of events that led to the explosion and fire. The video, entitled 'Static Sparks Explosion in Kan-sas' is available for downloading free of charge through the agency's video web-site, www.safetyvideos.gov. CSB Board Member William Wark said, 'Our goal is to help companies understand the hazards associated with the kinds of flammable liquids that were stored and transferred at Barton Solvents. We be-lieve our case study and the safety video will help accomplish that goal and pre-vent accidents.' The July 17, 2007 explosion and fire led to the evacuation of 6,000 residents. Eleven residents and one firefighter sought medical attention. Fire destroyed the facility. CSB investigators found that on the day of the accident a tanker-trailer arrived to transfer Varnish Maker's and Painter's Naphtha (VM&P Naphtha) into

a storage tank. The CSB determined that the transfer equipment from the truck tanker to the storage tank likely was prop-erly bonded and grounded to prevent the generation of static electricity. However, the CSB found, the float device inside the 15,000 gallon storage tank presented a hidden danger. CSB Lead Investigator Randy McClure said, 'When transferring liquids, it is stan-dard industry practice to bond and ground storage vessels, tankers, and other equip-ment to prevent static discharges. But our investigation illustrates how normal bond-ing and grounding may not be enough to prevent ignition from static electric sparks.' Inside the tank was a device used for measuring the liquid level, a metal float linked to a metal tape measure. The CSB determined that a static electrical charge in the liquid was generated by the flow of the solvent pumped from the trailer into the storage tank, and by stop-and-start filling which introduced air into the liq-uid, resulting in bubbles and turbulence. At the same time, the space above the liquid was being filled with an explosive mixture of vapor and air. The CSB deter-mined that the liquid flow and turbulence created by the filling of the tank likely resulted in the metal float accumulating a static electrical charge. As the float moved, a gap is believed to have formed within the linkage of the tape and the float. CSB investigators said a spark likely jumped between the metal parts and ignited the explosive mixture of vapor and air that had accumulated above the liquid. The explosion blew the tank 130 feet into the air, and within moments two more tanks ruptured and released their contents. As the fire burned, the contents of nearby tanks were released and ignited, launch-ing debris into the air where some of it struck a mobile home and a neighboring business. Board Member Wark said, 'Several com-

CSB Issues Final Report on Solvents Explosion:


of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management prac-tices. The Board does not issue citations or fines but does make safety recommenda-tions to plants, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA. Visit www.csb.gov. For more information, contact Sandy Gilmour at (202) 251-5496 (cell, in Wichita, Kansas for the news conference) or Public Affairs Specialist Hillary Cohen at (202) 261-3601 in Washington, DC.

The CSB issued recommendations to OSHA and others to improve required information contained in MSDSs to in-clude addressing nonconductive flamma-ble liquids which are routinely shipped to distributors such as Barton. The CSB also recommended that six major oil and chemical industry associations ask their member companies to improve the warn-ings on the MSDSs of flammable liquids because these materials can accumulate static electricity. The Board recommended companies han-dling the liquids should take additional safety measures, such as: - Obtain more detailed additional techni-cal information on the liquids from manu-

facturers that may not be found on MSDSs. - Purge storage tanks with an inert gas to remove oxygen. - Add anti-static agents to the liquids. - Pump liquids more slowly. - Verify that storage tank level floats are effectively bonded. The CSB is an independent federal agency charged with investigating indus-trial chemical accidents. The agency's board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects

CSB Issues Final Report on Solvents Explosion: (continued)

The wording of the certifications must be as follows: Positive Certification Statement: "I certify that all chemical substances in this ship-ment comply with all applicable rules or orders under TSCA and that I am not of-fering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA." or Negative Certification Statement: "I cer-tify that all chemicals in this shipment are not subject to TSCA." To learn more about the certification process, attend Environmental Resource Center’s TSCA Import Requirements webcast or schedule one for your com-pany.

The Toxic Substances Control Act (TSCA) Title 15, Chapter 53, Subchapter I, Section 2612 gives the Secretary of the Treasury the authority to “refuse entry into the customs territory of the United States of any chemical substance, mix-ture, or article containing a chemical sub-stance or mixture offered” if:

• It fails to comply with any rule under TSCA • It is offered for entry in violation of TSCA Chemical substances include “any combi-nation of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature and any element or uncombined radical.” The following are specifically excluded:

• Mixtures (the individual components may be regulated) • Pesticides (as defined in FIFRA) • Tobacco or any tobacco product

• Any source material, special nuclear material, or by-product material (as de-fined in the Atomic Energy Act of 1954) • Any article the sale of which is sub-ject to the tax imposed by Section 4181 of the Internal Revenue Code of 1986 • Any food, food additive, drug, cos-metic, or device (as defined in the Federal Food, Drug, and Cosmetic Act) Importers of record must comply with 40 CFR 707 Subpart B and 19 CFR 12.118-127 when importing a chemical substance into the United States for commercial purposes. If you are the importer of re-cord, you must either provide a positive certification—a statement that the chemi-cal substance being imported is in compli-ance with TSCA—or negative certifica-tion—a statement that the chemical sub-stance being imported is excluded from TSCA. This certification must be pro-vided in writing on an appropriate entry document or commercial invoice to the director of the port before entry into the United States will be permitted.

TSCA Import Requirements [40 CFR 707 Subpart B]:


major changes in the information pro-vided. The tone does change somewhat reflecting the fact that there is no single category of facilities that must complete a Top Screen. The main determinant is the possession of more than a screening threshold quantity (STQ) of a chemical of interest (COI) from Appendix A to 6 CFR part 27. The new explanation still rein-forces the fact that DHS may require other facilities to complete a Top Screen either through direct communication or the publication of a notice in the Federal Register. (Thanks to NASTTPO President Timothy R. Gablehouse - visit www.nasttpo.org and consider becoming a member; 303.572.0050 ; 800.818.0050 )

DHS has updated the Identifying Facili-ties Covered by the Chemical Security Regulation (http://www.dhs.gov/xprevprot/programs/gc_1181765846511.shtm ) page on its web site. DHS expanded the description of facilities that may be affected by CFATS and re-worded the description of how facilities can determine if they will be affected. The old web page listed only three cate-gories of facilities that might be affected by CFATS. The new page expands the list to include: -chemical manufacturing, storage and distribution; -energy and utilities; -agriculture and food; -paints and coatings;

-explosives; -mining; -electronics; -plastics; and -healthcare. This is still not an exhaustive list. We know from news reports ( http://www.dailytexanonline.com/home/index.cfm?event=displayArticlePrinterFriendly&uStory_id=3e0ed3b3-81c4-4b91-80ff-70185a11475c ) that there were Univer-sity labs that did make the list of 7,009 facilities labeled high-risk chemical facili-ties under the CFATS regulations. The explanatory text accompanying the list has been re-written, but there were no

DHS Makes Slight Modifications to CFATS:

munity relations plan under direction of ADEQ and EPA and use a qualified com-munity group to hire independent techni-cal advisors to analyze Asarco's work. In June 2007, EPA announced that it wanted to place the Asarco Hayden plant site on the National Priorities List, the federal Superfund list. Gov. Janet Napoli-tano asked EPA to defer the listing pend-ing outcome of the discussion among ADEQ, EPA and Asarco to have Asarco clean up the site itself rather than have it listed on the NPL. The clean-up agree-ment between ADEQ, EPA and Asarco is the result of the negotiations instituted by Governor Napolitano. News media interested in additional infor-mation on this or any other topic concern-ing the Arizona Department of Environ-mental Quality should contact the Office of Communications at (602) 771-2215 or via email at [email protected].

The agreement between the state of Ari-zona and U.S. Environmental Protection Agency with Asarco LLC to clean up contamination from the company's min-ing activities in Hayden and Winkelman has received formal approval by the U.S. Bankruptcy Court in Texas overseeing Asarco's bankruptcy proceedings. Under terms of the agreement, which was signed by ADEQ, EPA and Asarco in mid-April, Asarco will spend $13.5 mil-lion to clean up contaminated soils from residential areas in the towns with high levels of arsenic, copper or lead. Asarco also will reimburse ADEQ and EPA for oversight activities related to the cleanup. Although Asarco already has begun some of the cleanup work, the agreement had to receive formal approval from the Bank-ruptcy Court and was subject to a public notice process by the U.S. Department of Justice before it could become final. On

May 27, the court issued an order giving its approval to the agreement, subject to the conclusion of the DOJ public notice period. Last week, the Department of Justice announced that the comment pe-riod had ended and that the agreement was now officially binding on all parties. "This is another piece of good news for Hayden and Winkelman," ADEQ Direc-tor Owens said. "Although it took some time to jump through all the legal hoops, there was never any doubt that this agree-ment would be approved. This is a strong agreement that will help ensure that the contamination in Hayden and Winkelman is cleaned up at long last." Asarco also will complete a full remedial investigation of residential and public areas in Hayden and Winkelman and of Asarco operations to identify releases of hazardous substances and remove them. The company also must prepare a com-

Agreement for Asarco's Clean Up of Contamination in Hayden & Winkelman, Arizona Approved:


Partridge-Raleigh nor Stringer's Oilfield Services followed safe practices for hot work, which includes operations such as cutting, welding, and grinding that can generate sparks and ignite flammable materials. The CSB's final report called for increased inspection and enforcement of OSHA safety standards at oil produc-tion facilities. CSB safety videos have been viewed over one million times over the Internet since the launch of the program in December 2005. For more information, contact Daniel Horowitz at (202) 261-7613 / (202) 441-6074 cell.

The U.S. Chemical Safety Board (CSB) released a safety video on the explosion that led to the deaths of three contractors at the Partridge-Raleigh oilfield in rural Raleigh, Mississippi, in June 2006. All the victims were employees of an inde-pendent contract firm hired by Partridge-Raleigh to perform maintenance on oil storage tanks at the facility. Entitled 'Death in the Oilfield,' the nine-minute video is based on the CSB's final investigation report, which was voted on and approved by the Board in June 2007. The video is available for viewing and downloading in the Video Room of the CSB's website, Safetyvideos.gov as

well as on the CSB channel on YouTube (www.youtube.com/USCSB ). DVDs of the video will be provided at no charge through the online request form at CSB.gov. The new video includes a 3-D computer animation depicting the sequence of events that led to the explosion, which occurred when sparks from a welding operation ignited flammable vapors vent-ing from a storage tank. The animation describes the preparation of the site by Stringer's employees and the unsafe hot work that led to the accident. The investigation determined that neither

CSB Safety Video on Fatal 2006 Oilfield Explosion:

and feedback the Highway and Motor Carrier Division receives from industry. Source http://www.marketwatch.com/news/story/tsa-announces-security-recommendations-motor/story.aspx?guid=%7B1B90DE13-D4F1-45B5-995F-

The Transportation Security Administra-tion announced a set of security recom-mendations for the transportation of cer-tain quantities of hazardous materials across the nation’s highways. The recom-mendations will help to ensure the secure transportation of potentially dangerous materials that could cause a significant impact if used in an act of terrorism. TSA developed security action items for gen-

eral security; personnel security; unau-thorized access; and en-route security. General security measures include con-ducting security threat assessments, secu-rity planning, protecting critical informa-tion and enhancing awareness of industry-security practices. TSA will build on these recommendations by analyzing the effectiveness of the security action items

TSA Recommendations for Transport of Hazardous Materials:

chemical substances at or above a thresh-old of 300,000 pounds. And, the reporting cycle, previously every four years, was increased to every five years. The next reporting period will be between June 1 and Sept. 30, 2011, for chemical sub-stances imported, manufactured, or proc-essed in calendar year 2010. To learn more about the IUR rule, attend an Environmental Resource Center TSCA Pre-Manufacture Notices and Updates webcast or schedule one for your facility. Thanks to www.ercweb.com

Information on chemicals manufactured (including imported) in the United States and listed on the TSCA Chemical Sub-stance Inventory is collected periodically by the EPA. This collection began follow-ing the promulgation of the Inventory Update Reporting (IUR) rule in 1986. The IUR 40 CFR 710 requires manufac-turers, importers, and processors of cer-tain chemical substances on the TSCA Inventory to periodically report site and manufacturing, importing, or processing data to EPA by filing a Form U. Data you must include on the form for each chemi-

cal includes: the type of production proc-ess in which the chemical is used, NAICS code, production volume, number of sites where the chemical is processed, numbers of workers at these sites, how the chemi-cal is used, and whether or not the chemi-cal is used in products intended for chil-dren. EPA’s eIUR software can be used to facil itate your submission. In 2005, significant changes to the IUR regulations were made. The threshold for reporting was increased from 10,000 pounds to 25,000 pounds. Additional in-formation must now be reported for

NOT to be CONFUSED WITH EPCRA!


major changes in the information pro-vided. The tone does change somewhat reflecting the fact that there is no single category of facilities that must complete a Top Screen. The main determinant is the possession of more than a screening threshold quantity (STQ) of a chemical of interest (COI) from Appendix A to 6 CFR part 27. The new explanation still rein-forces the fact that DHS may require other facilities to complete a Top Screen either through direct communication or the publication of a notice in the Federal Register. Thanks to Timothy R Gablehouse [email protected]

Earlier this week DHS updated the Identi-fying Facilities Covered by the Chemical Security Regulation page on its web site. DHS expanded the description of facili-ties that may be affected by CFATS and re-worded the description of how facili-ties can determine if they will be affected. The old web page listed only three cate-gories of facilities that might be affected by CFATS. The new page expands the list to include: - chemical manufacturing, storage and distribution; - energy and utilities; - agriculture and food;

- paints and coatings; - explosives; - mining; - electronics; - plastics; and - healthcare. This is still not an exhaustive list. We know from news reports that there were University labs that did make the list of 7,009 facilities labeled high-risk chemical facilities under the CFATS regulations. The explanatory text accompanying the list has been re-written, but there were no

DHS makes slight modifications to CFATS:

mon carrier obligation and the transport of TIH materials were to be shifted to the road. Thanks to the Hazardous Cargo Bulletin Email Alert.

REGULATIONS The US National Asso-ciation of Chemical Distributors (NACD) filed written testimony with the Surface Transportation Board (STB) for a public hearing on the railways' common carrier obligation to transport hazardous materi-als, the hearing was held July 22. NACD's testimony emphasized the safety and

efficiency of transporting hazardous ma-terials, particularly TIH materials such as chlorine and anhydrous ammonia, by rail. The testimony also outlined the problems that would occur, including substantial transport cost increases and opportunities for loading and unloading incidents, if the railways were to be relieved of their com-

Testimony Filed with the STB:


leading, or unverifiable product claims. The EPA will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used ac-cording to the directions. The agency also makes sure that pesticide labels provide consumers with the information they need to use the products safely. Pesticides that have been registered with the agency will have an EPA registration number on the label. For more information on what types of products are regulated as pesticides under the federal law, please visit: http://www.epa.gov/pesticides/about/ . Informa-tion on pesticide regulation and enforce-ment is available at: http://www.epa.gov/compliance/civil/fifra/ Contact: Wendy Chavez, 415/947-4248, [email protected]

The U.S. Environmental Protection Agency today settled with a Torrance, Calif. company for $171,600 for allegedly selling unregistered, imported Japanese pesticides at its San Jose, Calif. location. In June 2007, EPA inspectors discovered that Mitsuwa Corporation sold 33 unreg-istered products from Japan, including "Kao Magic Clean" for bath and toilets and "Lion Clean Clean Kitchen," at its Mitsuwa Marketplace store. The antim-icrobial products claimed to control bac-teria, mold and germs. "If a company is going to sell pesticides they must be sure that the products are registered and meet all federal and state regulations," said Katherine Taylor, the EPA’s associate director for agriculture for the EPA’s Pacific Southwest region. "Without products going through the proper EPA registration process, we can-

not be sure what they contain and whether they are properly packaged and labeled." Since the violations were discovered, the company has cooperated with the EPA’s investigation and promptly discontinued all sales of the unregistered products. Manufacturers, distributors and retailers are all responsible for ensuring that pesti-cides sold in the U.S. fully comply with the Federal Insecticide, Fungicide, and Rodenticide Act, which regulates the sale, distribution, and use of pesticides within the United States. FIFRA requires companies to register products as pesticides if the cleaning product makes claims to control germs. These requirements protect public health and the environment by ensuring safe production, handling, and application of pesticides, and by preventing false, mis-

Southern California Company Settles with EPA for $171,600 for Selling Unregistered Japanese Pesticides at San Jose, Calif. Store:

Federal law requires that persons and enti-ties who sell or rent housing built before 1978 must: provide an EPA-approved lead hazard information pamphlet; include lead notification language in sales and rental forms; disclose any known lead-based paint hazards and provide reports to buyers or renters; allow a lead inspection or risk assessment by home buyers; and maintain records certifying compliance with applicable federal requirements for three years. For additional information on lead in paint, dust and soil, see: http://www.epa.gov/lead/ . http://yosemite.epa.gov/opa/admpress.nsf/Press%20Releases%20From%20Region%209!OpenView Contact: Wendy Chavez, 415/947-4248, [email protected]

U.S. EPA recently fined a property owner $16,000 for violating federal lead-based paint disclosure requirements at eight rental properties. "The EPA has a responsibility to ensure renters and buyers receive adequate infor-mation to protect children from potential lead-based paint hazards," said Enrique Manzanilla, director of the EPA’s Com-munities and Ecosystems Division for the Pacific Southwest Region. "This enforce-ment action is an example of the EPA’s commitment to regulating and enforcing toxic substances to protect public health -- especially children, from potential lead-based paint hazards." The residential property owner and man-ager did not provide federally-required lead warning statements to his tenants. He also failed to disclose information or re-ports on lead-based paint or lead hazards at these locations prior to tenants signing lease agreements. The tenants didn’t re-ceive an EPA-approved lead information

pamphlet, a statement of knowledge about lead-based paint in the units, or an identi-fication of any records available regard-ing lead-based paint in the units. These failures resulted in multiple violations of the federally regulated Toxic Substances Control Act. Children younger than age six are among the most vulnerable to adverse health risks from lead-based paint. The Residen-tial Lead-Based Paint Hazard Reduction Act helps prevent exposure -- especially the exposure of children -- to hazards from lead-based paint by requiring disclo-sure and notification when selling or leas-ing applicable housing. It's estimated three-quarters of the U.S. residential dwellings built before 1978 contain some lead-based paint. Lead poi-soning in children can have serious, long-term consequences including intelligence deficiencies, learning disabilities, hearing impairment, hyperactivity and/or behav-ioral problems.

Get the Lead Out!

EEENFORCEMENTNFORCEMENTNFORCEMENT CORNERCORNERCORNER


could easily catch fire. ADEQ inspectors discovered that the sludge had remained stored at the Phoenix site until the end of April 2005. In addition, the company transported the waste about 15 miles from Cave Creek without the manifest required by state and federal law, transported haz-ardous waste without a required EPA ID number, and failed to pay the relevant fees. “If you are going to be in the business of transporting toxic waste, you’d better follow the law,” Owens said. Thanks to Environemental Resource Center

Arizona Department of Environmental Quality (ADEQ) Director Steve Owens announced that Red J Environmental Corp., a hazardous waste transporter based in Joseph City, Ariz., will pay $63,500 in penalties for hazardous waste violations that occurred when it trans-ported waste in the Phoenix area. “This company committed a number of violations that potentially endangered the environment and the public,” Director Owens said. “The company’s actions were simply unacceptable.” ADEQ learned that the Navajo County company

illegally stored 32,000 gallons of petro-leum-contaminated wastewater treatment sludge after test results indicated the sludge was a hazardous waste. Federal and state law prohibits the storage of haz-ardous waste for longer than 90 days without a permit, which the company did not have. Red J had moved the waste from the Cave Creek Wastewater Treatment Plant in 2004 and 2005 to a yard at 3215 S. 7th Street in Phoenix. In February 2005, Red J received the test results, which showed that the sludge contained benzene and

Red J Environmental Corp. to Pay $63,500 Penalty for Hazardous Waste Violations:

$750,000 on removing or minimizing any external threats along selected segments of its pipeline. The company will also implement system-wide changes to im-prove employee training, leak response procedures, and protocols for detecting and responding to leaks and ruptures. Magellan is the owner and operator of the 6,700-mile petroleum pipeline network and 39 terminal facilities in the states of North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Wisconsin, Illinois, Mis-souri, Arkansas, Kansas and Oklahoma. The pipeline transports petroleum prod-ucts including gasoline, diesel, and avia-tion fuel from refineries through intercon-nections with other interstate pipelines to retail gasoline stations, truck stops, rail-roads, airports and other end users. The consent decree, lodged in the U.S. District Court for Kansas is subject to a 30-day public comment period and ap-proval by the federal court. Magellan is required to pay the penalty within 30 days of the court's approval of the settlement. Information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/cwa/magellan.html Contact: Roxanne Smith, (202) 564-4355/ [email protected]

Pipeline Company Settles Petroleum Spills: Magellan Midstream Partners agreed to pay a $5.3 million civil penalty for al-leged violations of the Clean Water Act the U.S. Environmental Protection Agency and the Department of Justice announced. The alleged violations include illegally discharging gasoline and fuel oil from pipelines in Illinois, Kansas, Iowa, Minnesota and Arkansas into nearby wa-terways over the past 10 years. "Pipeline owners and operators must take steps to minimize the potential of fuel and oil spills," said Granta Y. Nakayama, assistant administrator for EPA's Office of Enforcement and Compliance Assur-ance. "Today's settlement will prevent spills that can pollute our waters and harm sensitive ecosystems." "Today's penalty should serve as a re-minder that the Department of Justice and the EPA will pursue those who fail to comply with the laws that protect our environment," said Ronald J. Tenpas, assistant attorney General for the Justice Department's Environment and Natural Resources Division. "This agreement will also ensure that the company will take steps to prevent members of the general public from accidentally damaging this pipeline, the most common cause of the pipeline spills addressed in this action."

According to the complaint, the company allegedly discharged more than 17,000 barrels of gas and fuel oil on 11 different dates in violation of the Clean Water Act between March 1999 and May 2006. Two of the largest spills flowed into a tributary and into the Missouri River itself in 1999 and 2005. In 2005, approximately 2,830 barrels of unleaded gasoline spilled from a ruptured pipe near Kansas City, Kan., most of which flowed into the Missouri River, and in 1999, over 4,500 barrels of diesel fuel spilled into the Missouri River near Atchison, Kan. The spills had a number of causes, includ-ing third-party damage from farm equip-ment and bulldozers, corrosion, leaks and pipeline operator error. Magellan also agreed to resolve allega-tions related to Spill Prevention, Control, and Countermeasure regulations for viola-tions found at two facilities in Iowa and Nebraska. The Clean Water Act author-izes EPA to establish SPCC regulations for preventing, preparing for and respond-ing to oil spills or hazardous substances that may reach surface waters. Along with the civil penalty, Magellan will set up a program to minimize third-party damage to the pipeline system, a cause of some of the spills, and will spend


corrected the violations. The EPA's haz-ardous waste rules require facilities to properly store, label and seal hazardous waste containers. Facilities must also have properly trained staff, as improperly stored hazardous waste can potentially spill and pose a risk to workers and the environment. For more information on U.S. EPA s haz-ardous waste program, please visit: http://www.epa.gov/epaoswer/osw/hazwaste.htm . (Contact: David Yogi, (415) 972-3653, [email protected] )

EPA recently fined Chandler, Ariz.-based Triumph Precision Castings Co. $10,000 for violating hazardous waste require-ments of the Resource Conservation and Recovery Act. Triumph Precision Cast-ings Co. is located in the Gila River In-dian Community, and produces industrial and aerospace applications castings. During a June 2007 inspection, EPA in-vestigators found several violations of the Resource Conservation and Recovery Act, including: - Failure to implement the contingency plan during an emergency;

- Failure to have the name, address and telephone number of the emergency coor-dinator in the contingency plan; - Failure to meet all of the training re-quirements for personnel handling haz-ardous waste. “Ensuring a proper re-sponse to hazardous waste emergencies is a priority,” said Jeff Scott, the EPA's Waste Management Division director for the Pacific Southwest region. “Firms such as Triumph, which generate hazardous waste, must follow federal regulations to better protect their employees, surround-ing communities and the environment." Triumph Precision Castings Co. has since

EPA Fines Chandler Facility $10,000 for Hazardous Waste Violations:

cording to the directions. The agency also makes sure that pesticide labels provide consumers with the information they need to use the products safely. Pesticides that have been registered with the agency will have an EPA registration number on the label. For more information on what types of products are regulated as pesticides under the federal law, visit: http://www.epa.gov/pesticides/about/ . Information on pesti-cide regulation and enforcement is avail-able at: http://www.epa.gov/compliance/civil/fifra/ Contact: Wendy Chavez, 415/947-4248, [email protected]

EPA settled with a company for $171,600 for allegedly selling unregistered, im-ported Japanese pesticides. In June 2007, EPA inspectors discovered that the corporation sold 33 unregistered products from Japan, including "Kao Magic Clean" for bath and toilets and "Lion Clean Clean Kitchen," at its store. The antimicrobial products claimed to control bacteria, mold and germs. Manufacturers, distributors and retailers are all responsible for ensuring that pesti-cides sold in the U.S. fully comply with the Federal Insecticide, Fungicide, and

Rodenticide Act, which regulates the sale, distribution, and use of pesticides within the United States. FIFRA requires companies to register products as pesticides if the cleaning product makes claims to control germs. These requirements protect public health and the environment by ensuring safe production, handling, and application of pesticides, and by preventing false, mis-leading, or unverifiable product claims. The EPA will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used ac-

local and state emergency planning and response agencies to help these agencies respond in the event of a spill or release. For more information on the Emergency Planning and Community Right-to-Know Act, please visit: http://www.epa.gov/oecaagct/lcra.html View all Region 9 News Releases: http://yosemite.epa.gov/opa/admpress.nsf/Press%20Releases%20From%20Region%209!OpenView Contact: David Yogi, 415/972-3653, [email protected]

EPA recently fined Akzo Nobel Coatings, Inc, a Phoenix, Ariz. paint and hazardous chemical storage and repackaging com-pany, $23,800 for violating the federal Emergency Planning and Community Right-to-Know Act. The company failed to submit emergency and hazardous chemical inventory forms to Maricopa County LEPC and AZSERC for reporting years 2005 and 2006 for paints, coatings and hazardous chemical mixtures stored at its warehouse, located

at 2639 North 31st Ave. Hazardous mixtures stored at the ware-house included lacquers/clears, stains/glazes, liquid non-stick, and thinners/reducers. The EPA discovered the viola-tions during a 2007 inspection of the fa-cility. The Emergency Planning and Community Right-to-Know Act requires certain facili-ties annually submit material safety data sheets and chemical inventory forms to

EPA Fines AKZO $23,400 for Hazardous Chemical Reporting Violations:

Company Settles with EPA for $171,600:


In the past, more than 13,000 gallons of gasoline leaked into the soil and ground-water from old underground storage tanks at the facility and from another gasoline service station on the northern corner of the same intersection. The old leaking tanks were removed and replaced with new tanks, and cleanup systems were installed to address the soil and ground-water To submit comments on this settlement, visit: http://www.epa.gov/fedrgstr/EPA-WASTE/2008/July/Day-07/f15220.htm For more information on the EPA’s un-derground storage tank program, visit: http://www.epa.gov/OUST Media inquiries, please contact: Margot Perez-Sullivan, 415.947.4149, [email protected]

The U.S. Environmental Protection Agency and the U.S. Attorney’s Office in Phoenix recently fined the former owners and operators of four underground storage tanks at the former SuperFuels gasoline service station in Tuba City, Ariz., for federal underground storage tank viola-tions. Alleged former owner/operators John B. Knight, Jr., National Petroleum Market-ing, Inc., Sunwest Express, Inc. and Na-vajo Trails, Inc., and alleged former op-erator Robert D. Brown operated four underground storage tanks containing diesel and unleaded gasoline at station located at the intersection of Highways 160 and 264 in Tuba City on the Navajo Nation, adjacent to the Hopi Tribe. “It’s essential that service state operators monitor their tanks for leaks and act quickly upon any release,” said Jeff Scott,

Director of Waste Programs for EPA’s Pacific Southwest Region. “EPA’s action sends a message that station operators need to take their responsibilities seri-ously.” The complaint alleged that, at various times, the owners and/or operators failed to: - report a suspected release within 24 hours; - conduct corrosion tests every three years; - monitor tanks every 30 days; - use valid release detection methods; provide adequate release detection for piping; - maintain financial responsibility; and - respond to information request letters.

EPA Fines SuperFuels $55,000 For Underground Storage Tank Violations:

safe management and disposal of hazard-ous waste. For more information about RCRA, visit: http://www.epa.gov/RCR (Contact: Francisco Arcaute, (213) 244-1815, cell (213) 798-1404, [email protected] )

EPA recently fined a manufacturer of specialized metallic connectors $120,000 for violating multiple federal Resource Conservation and Recovery Act require-ments, including: - Failure to properly label hazardous waste containers; - Failure to close hazardous waste con-tainers; - Failure to conduct weekly inspections of hazardous waste areas. The facility has since corrected the viola-tions. The EPA discovered the violations

during an April, 2006 inspection. "Companies that handle toxic wastes need to manage them correctly to ensure public safety and protect the environment," said Jeff Scott of the EPA. “EPA will pursue enforcement action against any facility found not handling hazardous waste prop-erly.” Firms that handle hazardous waste must engage in proper waste handling and stor-age to prevent spills and safeguard worker health. The EPA’s Resource Conservation and Recovery Act program oversees the

EPA Fines Facility $120,000 for Hazardous Waste Violations:


waste, did not make required hazardous waste determinations, and violated other regulations governing hazardous waste management. The EPA’s hazardous waste rules require facilities to properly store, label and seal hazardous waste containers. Facilities must also have an EPA hazardous waste generator ID number and properly trained staff, as improperly stored hazardous waste can potentially spill and pose a risk to workers and the environment. The haz-ardous waste must be properly disposed of and transported with an EPA hazardous waste shipping manifest. For more information on hazardous waste visit: http://www.epa.gov/epaoswer/osw/hazwaste.htm and http://www.deq.gov.mp/.

Environmental Protection Agency re-cently reached a settlement with Con-corde Garment Manufacturing, Inc. to pay $15,200 and conduct a beneficial environ-mental project for improper storage and handling of discarded solvent-based paints, spent paint thinners, and solvent-contaminated wastes at its Lower Base facility in Saipan. “This facility had significant hazardous waste management problems,” said Jeff Scott, Waste Division director for the EPA’s Pacific Southwest region. “We are pleased that Concord Garment is taking steps to assist the community through an environmental project” In addition to the fine, the company will spend up to $56,000 on an alternative energy project that will provide an addi-tional power source at Southern High School in Saipan. “The alternative energy project at South-ern High School will be the first non-residential alternative energy project in

CNMI and will serve as a pilot for the rest of Micronesia,” said John McCarroll Pa-cific Islands Office Manager for the EPA’s Pacific Southwest region. “We are very pleased that Concorde Garment has proposed this project at a time when en-ergy prices are soaring and impacting the economy as a whole.” The contractor for the project will be us-ing a wind powered turbine as the energy source to provide electricity to the school. In addition, the project will be used as a catalyst to develop an alternative energy curriculum at the school, to train students for work opportunities associated with wind power and alternative energy. Concorde Garment, a subsidiary of Tan Holdings Company, produced clothing at its Lower Base factory from 1983 until 2006. The company failed to adequately label containers of spent solvents and other hazardous wastes. In addition, it failed to train employees to properly han-dle and manage the facility’s hazardous

EPA fines Concorde Garment Manufacturing, Inc. $15,200 for Hazardous Waste Violations Company Will Also Spend $56,000 on Alternative Energy Project at Southern High School:

Aluminum Company to Pay $48,000 in Penalties for Air Quality Violations:

standards. The case was based on EPA inspections of the facility in 2006. For more information on the Clean Air Act, please visit: http://www.epa.gov/air/caa/peg/ Contact: David Yogi, 415/972-3653, [email protected]

EPA reached a $48,000 settlement with an outdoor lighting fixture manufacturer for allegedly violating Clean Air Act stan-dards at its plant. The company failed to submit a test plan and test air emissions from its aluminum foundry for dioxins and furans, two hazardous air pollutants under the Clean Air Act. “It is important to keep hazardous air pol-lutants out of the air we breathe,” said Deborah Jordan, the EPA’s Air Division director for the Pacific Southwest re-gion. “Through enforcement and corpo-rate involvement, we can help communi-ties get the clean air they deserve.”

As part of the settlement, the company modified its operations and operating permit to ensure scrap aluminum charged in the facility’s furnaces would not con-tain paints, coatings, and lubricants, and conducted subsequent tests to demon-strate dioxin and furan emissions com-plied with federal regulations. Under the Clean Air Act, the National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Pro-duction requires that a test plan for dioxin and furan be submitted to and approved by the EPA before testing can be-gin. Performance tests must be conducted to demonstrate it complies with emission

eration from existing ore heaps within the site from 1989 to November 1999. Arimetco has terminated operations at the site and is currently managed under the protection of the United States Bank-ruptcy Court in Tucson, Ariz. The major threats on the site come from metals contaminating the groundwater and fugitive dust that could impact human health and surface water. Mining opera-tions enhanced levels of naturally occur-ring uranium, making the radiological substance more pervasive and mobile in and around the site. Additional concerns include contaminated surface water that can impact wildlife. Ultimately, the mas-sive leach heaps and the leach fluid ponds must be addressed to prevent further con-tamination of ground water. Without adding the site to the National Priorities List, federal funding will not be available for comprehensive remediation. Contact: Margot Perez-Sullivan, 415/947-4149, [email protected]

ARCO to pay over $2.7 Million for Cleanup Costs Incurred at Anaconda Yerington Mine Site: ARCO will reimburse the U.S. Environ-mental Protection Agency $2,770, 440 for work preformed by the agency at the Anaconda mine site in Yerington, Nev. The order also requires ARCO to fund and develop a plan for a technical assis-tance program to facilitate additional community involvement in the continuing response activities at the site. Because the Anaconda mine site is not on or pro-posed for the EPA’s National Priorities List, ARCO’s continued participation in this process is essential to cleaning up the Anaconda mine site. “Recovering these funds is an important step in moving the Anaconda Mine cleanup forward,” said Keith Takata, di-rector of the EPA’s Pacific Southwest superfund division. “We can use the funds to continue the cleanup while we work with our state and local partners find a more permanent solution.” Since 2000, the EPA has spent approxi-mately $6 million at the Anaconda Mine

site investigating and addressing wastes abandoned at the site. Specific actions include a spring 2006 action by the EPA to cap 100 acres of mine tailings to pre-vent erosion and dust blowing from the site. The agency also constructed and lined a new pond before the fall and win-ter rain season to prevent overflow of mine drainage, along with completing other upgrades to the system. Under two previous orders, ARCO is performing other response actions at the site, includ-ing broad investigation of the nature and extent of ground water contamination. Originally known as the Empire Nevada Mine, the site began operation around 1918 and was acquired in 1953 by the Anaconda Minerals Company. From 1977 to 1982 the company was owned by At-lantic Richfield Company and then sold to Don Tibbals, a local resident, who subse-quently sold his interests to Arimetco Inc., with the exception of the Weed Heights community. Arimetco operated a copper recovery op-


workers, the surrounding community and the environment The CWA requires companies that dis-charge into waterways, to obtain a pollut-ant discharge permit, which contain limits on discharges, monitoring and reporting requirements, and other provisions to ensure that water quality and human health are protected. By not following label directions and allowing the pesti-cides to reach the stream, Trees, Inc. also violated the CWA in lacking a permit to discharge. For more information on pesticide regula-tions and enforcement, please visit the EPA’s Web site at: http://www.epa.gov/compliance/civil/fifra/index.html http://www.epa.gov/region9/water/enforcement.html Contact: Wendy Chavez, 415/947-4248, [email protected]

The U.S. Environmental Protection Agency fined a Houston-based landscap-ing service company $12,300 for causing two pesticides to enter a tributary of the Klamath River after employees failed to follow pesticide label instructions -- vio-lations of the Federal Insecticide, Fungi-cide and Rodenticide Act and the Clean Water Act. In April 2007, Trees, Inc. sprayed pesti-cides Direx 4L and Garlon 4 in a pool of water abutting Junior Creek, which feeds into the Klamath River on the Resighini Rancheria Tribal lands in Northern Cali-fornia. Both pesticide labels prohibit ap-plicators from applying the products di-rectly to water or to areas where surface water is present. "Klamath River watershed, from the Ore-gon border to the Pacific Ocean, supports several native fish species, including coho

and steelhead salmon," said Alexis Strauss, director of the Water Division for the Pacific Southwest region. "The EPA is committed to working with the tribe and California to enforce federal laws to protect these valued resources." The Resighini Rancheria notified the EPA of the violations, who then investigated the company’s pesticide application. The tribe provided the EPA with water sam-pling and testing results, which later showed both pesticides had entered Junior Creek. Pesticides that are registered for use in the United States must include labeling that provides directions for use and other in-formation necessary to protect human health and the environment. FIFRA re-quires that pesticide applicators comply with labeling directions during commer-cial pesticide applications to protect

U.S. EPA Fines Landscaping Business $12,300 After Misused Pesticides Reach Northern California Waterway:


The federal safety agency is on target to match the number of inspections last year – a bit above 39,000. It’s also on track to issue citations for about 88,000 viola-tions. Of those violations, 76% are categorized as serious, which bring higher penalties. That’s the same as last year. OSHA has found only 21% of whistle-blower reports to have merit. Hazard communication is still the most cited violation.

When OSHA takes a look in the mirror, it sees an agency that’s getting better at inspections. That was a major theme in a presentation from OSHA’s Enforcement Program Director, Richard Fairfax, at ASSE’s Safety 2008 conference in Las Vegas. What’s he mean by better? Fairfax says the agency is hitting more of the worst offenders than ever. So far in fiscal year 2008 (that started Oct. 1, 2007), 59% of OSHA’s inspections have been “targeted.” That means they’ve been at

companies with higher than industry aver-age injuries or at facilities targeted under local emphasis programs. Only 41% of inspections are now because of complaints or accidents that cause inju-ries or fatalities. The number of companies found in com-pliance after inspections has dropped from 26% in 2007 to 22% this year. OSHA says that’s a good thing because it wants its inspections to uncover prob-lems.

OSHA: We’re Getting Better at Inspections:

centrations of metals and metalloids, most notably arsenic, as well as iron, alumi-num, chromium, cobalt, copper, nickel and zinc. The low pH and high metals content of the acid mine drainage histori-cally limited most aquatic life in Levia-than Creek and portions of Bryant Creek downstream of the mine until response activities were initiated. The site was initially developed as an underground mine for gold, copper and copper sulfate, starting in 1863. From 1954 through 1962, Anaconda Copper Mining Company conducted open pit mining, which later was acquired by At-lantic Richfield. In 1984, the state of Cali-fornia acquired approximately 495 acres of the mine to clean up and abate water quality problems associated with historic mining. The Lahontan Regional Water Quality Control Board, which was dele-gated authority over the mine property, constructed evaporation ponds in an at-tempt to reduce the impact from some of the mine releases.

U.S. EPA Orders ARCO to Complete Investigation for Leviathan Mine Cleanup: Investigation to help determine cleanup actions The U.S. Environmental Protection Agency recently ordered the Atlantic Richfield Company to complete a com-prehensive investigation of the Leviathan Mine Superfund Site to determine long-term cleanup actions at the former mine located in Alpine County, Calif. near the California-Nevada border. Since the site was added to the EPA’s National Priority’s List in 2000, the agency has continued to focus on control-ling and cleaning up the acid mine drain-age from Leviathan Mine, which is up-stream from lands of the Washoe Tribe of Nevada and California. The EPA has been successful in requiring the capture and treatment of the acid mine drainage during the summer months when access to the site is not affected by snow. The EPA will evaluate how to expand the col-lection and treatment system to a year-round system.

"Completing the investigation and cleanup evaluation for this site is the next step toward a long-term solution for this mine site," said Keith Takata, the Super-fund Division director the EPA’s Pacific Southwest region. "The EPA will work with the affected states, tribes, and com-munities to determine a final cleanup ac-tion." The EPA’s evaluation will include assess-ing potential risks from surface waters, groundwater, sediments, soils, and flora and fauna impacted by mine run-off. The assessment will include specific Washoe Tribal cultural uses of that area’s re-sources affected by the mine. The open-pit mining of sulfur from the site left wastes and underground conduits that result in acid mine drainage into the Leviathan Creek/Bryant Creek watershed, which drains into the East Fork of the Carson River -- a major source of water supply and a habitat for fish. Unless treated, the releases contain elevated con-

ICTW_InfoMatrix_2008.xls Thanks to Tim Gabelhouse

New Resource on the COCA Webpage: The following link, available through our "Additional Information for Clinicians/Current Events" page, leads to an Excel spreadsheet provided by the Interstate Chemical Terrorism Workgroup. The

spreadsheet provides many helpful links and phone numbers that may be useful in preparing for or responding to a chemical event. http://emergency.cdc.gov/coca/xls/


http://all-hands.net for tools, forums, and other resources); to Lloyd Colston direc-tor City of Altus Emergency Management http://www.cityofaltus.org ; and to Candy Adams, [email protected] )

Take & Go Emergency Book: No doubt about the importance of having your plans in place BEFORE an event. See: http://www.dhh.louisiana.gov/offices/publications.asp?ID=77&Detail=1193 , a tool which is of value for people with

disabilities and their families. Thanks to the The All Hands Emergency Management Group (http://allhands.us ); (Visit the All Hands Community site at

...And Not a Drop to Drink. Water: an Alternative Test for Emergency Managers When a disaster is declared, FEMA evaluates the damage and determines what needs must be met. Between that determination and the actually delivery of supplies — including clean water — to disaster victims, the government requires a number of steps that, while necessary from a process standpoint, appear to inhibit the delivery of vital resources. Many of these steps are not necessary if we change the focus from the process to the victim and the responder at the point of service. Who really wants to argue that twenty

steps are necessary to take care of water? Go to http://www.hsaj.org/?article=4.2.2 to read the full article

To preserve the quality of the messages to the list, the list will continue to be moderated. (Thanks to "PC" [email protected] pcjr101)

On a trial basis, the Hazmat 101 List(tm) is being made public. Anyone can now read the messages without being a list member. More people will be able to see the benefits of subscribing. Visit: http://tech.groups.yahoo.com/group/

hazmat101/ Non members cannot post to list or access files or photos. Of course, they are welcome to join. For the public archives, Yahoo masks email addresses so that spammers cannot harvest them.

HAZMAT 101 Archives now Available to the Public: LEPC LEPC LEPC CCCORNERORNERORNER


Watch program monitors air samples for biothreat agents in selected cities but does not provide first responders with real-time detection capability. The GAO also found that the DHS “has adopted few standards for chemical, bio-logical, radiological, or nuclear detection equipment and has no independent testing program to validate whether it can detect these agents at the specific sensitivities manufacturers claim,” the article says. To read the full article, click here: http://www.ens-newswire.com/ens/jul2008/2008-07-03-092.asp

It’s been almost seven years since 9/11 and an increased awareness of the need for first responders to have the means to identify hazardous materials in an urban environment. But a new report says those needs still aren’t being met. According to an article on the Environ-mental News Service website, the report by the Government Accountability Office (GAO) found that first responders do not have tools to accurately and quickly iden-tify the release of chemical, biological, radiological or nuclear materials in an urban environment. “While the Department of Homeland Se-

curity, DHS and other agencies have un-dertaken initiatives to improve first re-sponders’ tools, these tools have many limitations for identifying chemical, bio-logical, radiological, or nuclear materials released in urban environments, either accidentally or by terrorists, the extent of their dispersion, and their effect on urban populations,” the article says. Part of the problem, according to the GAO report, is that there is no one agency that has the mission to develop, certify and test equipment that first responders can use for detecting radiological materi-als in the atmosphere. For example, the Department of Homeland Security’s Bio-

First Responders’ Detection of Hazardous Releases Inadequate:

For more information on hazmat prepar-edness planning, visit these sites: · www.fema.gov/hazard/hazmat/backgrounder.shtm · www.usfa.dhs.gov/fireservice/subjects/hazmat/hmep.shtm (from AZSERC: Sure sounds like Local Emergency Planning Committee activites under the Emergency Planning and Com-munity Right to Know Act of 1986 to most of us!! Visit www.nasttpo.org - Na-tional Association of SARA Title Three Program Officials site, as well as http.hazmat.dot.gov and other sites too, to include EPA, NOAA and sites for State Commissions. In Arizona, visit www.azserc.org ) Extracted, with thanks, from (EMR-ISAC) INFOGRAM 23-08, June 19, 2008. Contact: Emergency Management and Response- Information Sharing and Analysis Center (EMR-ISAC) at (301) 447-1325 or by e-mail at emr-isac

According to the Federal Railroad Ad-ministration (FRA), railroad safety im-proved during the past year, because of its focus on eliminating the most frequent and high-risk causes of accidents. FRA officials attribute many accidents that occurred in the last 12 months to human error and faulty tracks. They additionally observed an increase in the transportation of hazardous materials (hazmat), which has had a great impact on the latest spike in hazmat spills. The recent derailments and the steady increase in hazmat spills have challenged community leaders and several Emer-gency Services Sector (ESS) response units throughout the nation. Therefore, the Emergency Management and Re-sponse Information Sharing and Analysis Center (EMR-ISAC) researched prepar-edness planning practices for hazmat inci-dents. The following recommendations to protect local critical infrastructures are for the consideration of community emer-gency managers and the chief officers of local ESS departments and agencies:

· Identify the local rail and road routes used for hazmat transport. · Determine the critical infrastructures located along the hazmat transport routes. · Alter emergency management plans to include appropriate response actions along these routes. · Arrange for newspapers to publish emer-gency information regarding hazmat inci-dents. · Coordinate with radio and TV stations to provide community service announce-ments. · Ensure all responders have an adequate level of hazmat training. · Guarantee all responders have quality personal protective equipment for all hazmat events. · Promote cooperation between and among local organizations that would assist in disaster response. · Establish a dependable and sufficient mutual aid system. · Practice using the National Incident Management System and the Incident Command System.

HAZMAT Preparedness Planning (From EMR-ISAC):


an alarm system will notify officials, he said. On the inspection side, government inves-tigators found that most Customs and Border Protection officers across the country were never told of 2006 radioac-tive material reporting requirements by the agency's Washington headquarters. In May 2006, Customs and Border Protec-tion changed its policy to require that officers contact authorities if they detect "more than incidental" amounts of radia-tion. But this was never communicated to officials in the field. The GAO also found that there is not enough personal radiation detection equipment for Customs officials at land borders. In 2003, 8,000 out of 18,000 officers and agents had personal radiation detection devices. Currently only about half of the agency's agents and officers have the equipment because of budget constraints, agency spokesman Lloyd Easterling said. See the GAO report: http://www.gao.gov/new.items/d08598.pdf

Securing Radioactive Material: Extracted from an article by Eileen Sullivan, As-sociated Press Writer. The government is tak-ing too long to secure radioactive materials across the country that

could get into terrorists' hands, according to a government report. Radioactive material used for legitimate purposes in medical equipment and food, for instance, could be used to create an explosive device known as a dirty bomb. Experts believe such an attack would be contained to a small area but could have significant psychological impact and have serious economic consequences because of cleanup problems. The Sept. 11, 2001, terrorist attacks prompted the government to do a better job of securing nuclear and radiological materials. And nearly seven years later, the Nuclear Regulatory Commission says these materials are much more secure. But congressional investigators say it's not enough.

According to a Government Accountabil-ity Office report released Monday, July 14th, 2008, new requirements to ensure that a person purchasing or carrying ra-dioactive materials has a reason to do so is more than three years behind schedule. In a probe last year that set up a bogus company, investigators said they were able to obtain a license from the Nuclear Regulatory Commission that allowed them to buy enough radioactive material for a small dirty bomb. Officials hope the licensing requirements will prevent this from happening again. NRC spokesman Neil Sheehan said a pilot program was completed in May, and the commission expects final guidance next month. Further, a system to track radioactive ma-terials as they are transported across the country has also faced multiple delays. The NRC says the system should be in place at the end of this year, but it will not be a real-time tracking system, such as used by some package delivery services. The system will report transfers within one business day, Sheehan said. And if material goes missing as it's transported,

FRA intends to issue a Notice of Funding Availability later this year following which applications will be accepted for a competitive selection process for the re-maining program funds. See: http://www.fra.dot.gov/us/content/2008 for a copy of the Final Rule. (Questions? Con-tact Steve Kulm: (202) 493-6024 re DOT 97-08 Friday, July 11, 2008 ) News Digest

The Federal Railroad Administration (FRA) has issued a Final Rule detailing the eligibility requirements and selection criteria for capital grants under the Rail Line Relocation and Improvement pro-gram created in the SAFETEA-LU legis-lation. In order to be eligible for grant funding, a project must mitigate the ad-verse effects of rail traffic on safety, mo-tor vehicle traffic flow, community qual-ity of life or involve a lateral or vertical relocation of any portion of the rail line.

Under the law, half of all grant funds are reserved for projects costing no more than $20 million each. A state or other eligible entity will be required to pay at least 10 percent of the shared costs of the project. Congress appropriated $20,040,200 for this program for FY2008 with $5,240,000 directed to nine (9) non-competitive pro-jects.

Rail Relocation and Improvement Grant:


probable impact of those hazards based on the mission role of the responder. Inci-dent Commanders and Safety Officers responsible to select appropriate PPE can review and download the NIOSH guid-ance (13 pp., 279.98 KB) at http://www.cdc.gov/niosh/docs/2008-132/pdfs/2008-132.pdf . (Thanks to EMR-ISAC's weekly INFOG-RAM designed to provide members of the Emergency Services Sector with informa-tion concerning the protection of their critical infrastructures. For further infor-mation, contact the Emergency Manage-ment and Response- Information Sharing and Analysis Center (EMR-ISAC) at (301) 447-1325 or by e-mail at [email protected] .

The National Institute for Occupational Safety and Health (NIOSH) released Guidance on Emergency Responder Per-sonal Protective Equipment (PPE) for Response to CBRN Terrorism Incidents. The Guidance provides information on NIOSH Chemical, Biological, Radiologi-cal, and Nuclear (CBRN) respirator stan-dards and National Fire Protection Asso-ciation (NFPA) protective ensembles standards that establish minimum per-formance requirements for PPE use in CBRN terrorism incident response. Concerned that, Currently, no single per-sonal protective ensemble can protect the wearer from exposure to all hazards, and relying solely on PPE being marketed on the basis of Occupational Safety and Health/Environmental Protection Agency

(OSHA/EPA) PPE levels could expose Emergency Services Sector (ESS) person-nel to unacceptable exposure levels, or unnecessarily reduce operational effec-tiveness, NIOSH developed the guidance to compare OSHA/EPA Protection Levels A, B, and C to Department of Homeland Security adopted PPE performance based on standards for response to terrorism incidents that involve CBRN hazards. The Emergency Management and Re-sponseInformation Sharing and Analysis Center (EMR-ISAC) acknowledges that responders must have appropriate respira-tory and dermal protection from suspect or known CBRN hazards. Proper selec-tion of PPE for individual responders must be based on careful assessments of anticipated or present hazards, and the

PPE for Response to CBRN:

Law Requires RRs to Notify State of Plans: the information necessary to understand the effects of a new railroad route in their communities." www.governor.state.az.us Thanks to Ryan Randazzo, The Arizona Republic.

Gov. Janet Napolitano signed a bill that requires railroad companies to provide the Arizona Department of Transportation and affected communities notice of any new routes or facilities. House Bill 2156 will not allow the state to block railroad projects, but forces more disclosure of plans, the governor said. She

added that railroad companies have re-sisted the bill. "Yet, the railroad companies have shown little genuine interest in the multiple op-portunities legislators have offered to work out alternative arrangements," she said. "Time has run out. Arizona will pro-ceed to provide its affected citizens with

EPA Extends Public Comment Period on Proposed Lead Air Quality Stan-dards: EPA is extending the deadline for public comments on the proposed National Ambient Air Quality Standards for lead from July 18, 2008, to Aug. 4, 2008. For more information on these proposed standards and instructions on submitting written comments, visit: http://www.epa.gov/air/lead/ View all news releases related to air issues http://service.govdelivery.com/service/edition.html?code=USAEPA_16&format=Web&email_type=bulletin Contacts: Cathy Milbourn, (202) 564-4355 / [email protected] Dale Kemery, (202) 564-4355 / [email protected] En espanol, Lina Younes, (202) 564-4355 / [email protected]


mushroom cloud. The company was also accused of having inadequate emergency plans for evacua-tion and training with hazardous chemi-cals. Killed in the blast were company co-owner Robert Scott Gallagher, 49; Charles Budds Bol-choz, 48; Karey Renard Henry, 35; and Parish Lamar Ashley, 36. Thanks to Timothy Gablehouse [email protected]

The owners of a chemical plant where a December explosion killed four workers were cited Wednesday, accused of violat-ing federal safety standards. A report from the Occupational Safety and Health Administration found that T2 Laboratories Inc. lacked a blast-resistant control room, a backup water supply to cool a high-pressure reactor and emer-gency response plans. The company has 15 days to contest the violations or pay $12,650 in fines. G. Alan Howard, an attorney for the lab, said he had not had an opportunity to re-view the report with his clients but that

the company would dispute certain cita-tions. He would not say which. "T2 was in compliance of all laws at the time of this tragic accident," Howard said. The blast occurred Dec. 19 as workers were mixing chemicals in a batch reactor to produce an additive to increase the octane rating of gasoline. Witnesses told investigators there was loud hissing and vapor venting before the vessel exploded. Its flammable contents mixed with air and ignited, releasing large amounts of ther-mal energy, investigators with the Chemi-cal Safety Board said. The explosion and resulting fireball caused a 2,000-foot

OSHA Cites Fla. Chemical Plant in Fatal Blast:

a 50 percent utilization rate by 2011. The Coal Combustion Products Partner-ship program has more than 170 private and public partners. C2P2 is co-sponsored by the Federal Highway Administration, the Agricultural Research Service of the U.S. Department of Agriculture, the U.S. Department of Energy, the American Coal Ash Association, the Utility Solid Waste Activities Group, and the Electric Power Research Institute. For more information about C2P2: http://www.epa.gov/c2p2/ For more information about the award winners: http://www.epa.gov/epaoswer/osw/conserve/c2p2/news.htm

Contact: LaTisha Petteway, (202) 564-4355 / [email protected] (Washington, D.C. - July 2, 2008) The U.S. Environmental Protection Agency’s Coal Combustion Products Partnership (C2P2) is presenting 20 organizations and individuals with awards for safely in-creasing the use of coal combustion prod-ucts. Coal combustion products are the byproducts generated from burning coal in coal-fired power plants. Some of the achievements recognized include finding new uses for coal combustion products and developing a web-based educational tool that teaches civil engineering stu-dents about the benefits and uses of these products.

“Our C2P2 partners are showing how scientific innovation and resource conser-vation efforts are adding up to big envi-ronmental benefits,” said Susan Bodine, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “By using 15 million tons of coal fly ash, our nation reduced greenhouse gas emis-sions equivalent to the annual emissions of nearly 2.5 million passenger vehicles.” Using coal combustion products con-serves natural resources, conserves en-ergy, is cost effective, and helps to com-bat climate change by reducing green-house gas emissions. Our nation currently uses 43 percent of coal combustion prod-ucts, up from 32 percent in 2001, when C2P2 was started. EPA’s goal is to reach

EPA Recognizes Leadership in Beneficial Uses of Industrial Materials

future NIOSH research can encourage ongoing development of better fitting respirators without compromising long-term protection. Registration is free but require d. You can register at http://cpheo.sph.umn.edu/mcohs. Thanks to the Environmental Resource Center www.ercweb.com

Are innovations in half-mask respirator fit possible? If so, what are the factors that inhibit or encourage the development of better fitting respirators? These topics will be discussed at the “No Fit Test” Respirator Workshop to be held Nov. 6, 2008 in Pittsburgh, Pa. The NIOSH Na-tional Personal Protective Technology Laboratory and the University of Minne-

sota, School of Public Health, will host the workshop to focus on the nature and process of product innovation and devel-opment in negative-pressure half-face piece respirators, to gauge the current “state-of-the-art,” and to stimulate new designs and approaches for improved respirator fit. The results of the workshop will lead to a better understanding of how

NIOSH to Host “No Fit Test” Respirator Workshop:


their distance from the car ahead. "I'm very cautious when I know that there's going to be in-clement weather so I try and get ahead of the weather and drive either earlier on or much later," one driver says. Keeping a step ahead may help you get to where you're going ... alive! Researchers also found an increase in crash risk at the start of the winter season. Throughout the winter season, drivers seem to adjust and relearn how to drive in snow. Zoraida Lopez [email protected] http://www.ercweb.com

Each year, nearly 7,400 people are killed and more than 670,000 are injured in ve-hicle crashes. But not all wrecks are caused by driver error. Ivanhoe reveals what really factors into many of these accidents. Rainy weather can wreak havoc on high-ways. When a big storm rolls in, drivers tend to either slow down too much or not enough. Drivers need to be wary of driv-ing in any change in the weather. A new study by transportation engineers reveals that nearly one-quarter of all crashes oc-cur in bad weather conditions. Most hap-pen on wet pavement. "We found that more fatal crashes oc-curred in the south," Lynette Goodwin, lead transportation engineer at Noblis in Falls Church, Va., told Ivanhoe News

(watch video http://www.aip.org/dbis/stories/2008/18063.html ). "This region experiences the highest rainfall totals. It also has a very high population." Unlike snow- and ice-covered roads that scare drivers into staying home or driving more carefully, many drivers don't con-sider rain as 'bad' weather. This results in more cars traveling on wet roads, and drivers don't slow down enough to avoid serious accidents. "Weather can impact visibility, distance, pavement friction, vehicle performance, and travel speeds," Goodwin explains. "We need to have a better understanding of how weather impacts our roads and then we can make better travel decisions." More wet-weather accidents can be avoided if drivers slow down and increase

Bad Weather: Bad Drivers

will be conducted to enable the larger homeland security community to review the target capability frameworks and pro-vide input before a proposed national release. Additional target capability frameworks will be developed in subse-quent years, culminating in TCL v3.0 in 2010. Working with the stakeholder commu-nity, DHS/FEMA is confident that this initiative will enhance our Nation’s abil-ity to assess preparedness against a na-tional benchmark, leading to a clearer picture of what jurisdictions need to do – individually and collectively – to prepare for acts of terrorism and major disasters. The TCL Implementation Project repre-sents the next step in the Nation’s effort to become, “A Nation Prepared.” For additional information, please con-tact the TCL Implementation Project Team at [email protected]

The Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) is underway with an initiative called the Target Capability List (TCL) Implementation Project. The Pro-ject is the next step in the Nation's effort to develop, assess, and strengthen preven-tion, protection, response, and recovery capabilities. The initial phase of the Project involves developing a series of target capability frameworks to help States and local juris-dictions determine whether they need a given capability to be prepared, and if so, at what level. The target capability frame-works build upon the preparedness guid-ance found in TCL v2.0 (released in Sep-tember 2007) and each consists of a user-friendly matrix of three charts that define: performance classes (for grouping juris-dictions according to shared risk factors), performance objectives (for determining the capability level for each performance

class), and resource requirements (for identifying needs related to plans, person-nel, training, equipment, and exercises). DHS/FEMA is working with stake-holders through a series of Technical Working Group (TWG) sessions to develop the first six target capability frameworks. These include Animal Health, Emergency Operations Center Management, Intelligence, Mass Transit Protection, On-Site Incident Manage-ment, and WMD/HazMat Rescue and Decontamination. The TWG sessions are being held this summer in FEMA regional locations and all sessions are comprised of subject mat-ter experts, practitioners, and national associations in the emergency manage-ment and homeland security communities to ensure collaboration across the Federal, State, and local levels. Once the TWG sessions are complete, a National Review

TCL Implementation Project:


ensure that only specially trained indi-viduals can apply and oversee fumigant operations. EPA's decision will also halt the use of methyl bromide on sites where alterna-tives are available. The newly registered fumigant iodomethane will be reexamined later this year to determine what new mitigation or restrictions are necessary. The soil fumigant 1,3-dichloropropene, which was evaluated previously, may be subject to similar provisions when the soil fumigants are evaluated together again in 2013. Soil fumigants are pesticides that, when injected or incorporated into soil, form a gas that permeates the soil and kills a wide array of soil-borne pests, providing an important tool for American agricul-ture. Fumigants are used on a wide range of crops, primarily potatoes, tomatoes, strawberries, carrots, and peppers. EPA is providing 60 days for public comments on implementation of these measures and will refine the measures as needed. More information is available at: http://www.epa.gov/oppsrrd1/reregistration/soil_fumigants/ View all news releases related to pesti-cides and toxic chemicals Contact (news media only): Dale Kemery, (202) 564-4355 / [email protected]

New safety measures for soil fumigant pesticides will increase protections for agricultural workers and bystanders - peo-ple who live, work, or otherwise spend time near fields that are fumigated. For the soil fumigants methyl bromide, chloropicrin, dazomet, metam sodium, and metam potassium, EPA will require a suite of new mitigation measures that will work together to protect human health. "The new restrictions protect workers and bystanders against inadvertent exposure to soil fumigants and are practical to im-plement," said Jim Gulliford, EPA's As-sistant Administrator for Prevention, Pes-ticides and Toxic Substances. When fumigants dissipate from the soil, workers or bystanders who are exposed to these pesticides may experience eye or respiratory irritation, or more severe and irreversible effects, depending on the fu-migant and level of exposure. The follow-ing mitigation measures are designed to work together to protect bystanders and workers. To help ensure safe fumigation practices, users must complete written, site-specific fumigant management plans before fumi-gations begin.

· Buffer zones around treated fields will reduce the chances of immediate harmful effects to bystanders from fumi-gant concentrations in air. Buffers can be adjusted based on the use of other good management practices that also reduce risks to bystanders. · Posting requirements will inform bystanders and field workers about the location and timing of fumigations and associated buffer zones so people do not enter these areas. · To ensure emergency preparedness, registrants must provide first responders with fumigant-specific safety information and training. Fumigant applicators must monitor buffer zone perimeters or provide emergency response information directly to neighbors. · Fumigant registrants must conduct outreach programs to educate community members about fumigants, buffer zones, how to recognize early signs of fumigant exposure, and how to respond appropri-ately in case of an incident. · Fumigant registrants must adopt more stringent worker protection meas-ures, and develop training for fumigation handlers and workers to enhance their knowledge and skills and to promote product stewardship. · All soil fumigant products will be classified as restricted-use pesticides, to

Soil Fumigant Pesticides Subject to New Safety Measures:

on things like coping with continuity and security for multiple critical resources supply chains and quarantine issues. One seasoned public health planner said, “I think the reasoning may be flawed in cer-tain areas, particularly the lack of atten-tion to critical infrastructure, and lack of notation that poor/ethnic minorities may need particular support from law enforce-ment, as their communities may be most vulnerable to social disorder.” Source: http://hstoday.us/content/view/3856/149/

(National) Public health planners continue to see problems with fed pandemic plans. As the Department of Health and Human Services (HHS) continues to move for-ward with its pandemic preparedness and response guidelines, authorities at state and local levels, and in the private sector, are voicing not infrequently substantive objections to some of the guidance. HSToday.us has heard from a number of public health sector authorities who have expressed reservations over HHS’s poli-

cies for using antivirals, for instance. Other areas of guidance for preparedness, like how respirators should be used, have been called into question. Authorities said proposed guidelines could lead to abrupt shortages of N-95 face masks. They say production and supply chain issues have not been adequately addressed. Public health planners who work on seeing the big picture of preparedness for a catastro-phic event like a global pandemic say the government still has not gotten a handle

Fed Pandemic Plans Criticized as Unrealistic and Likely Harmful to Urban Areas:


regulation would apply for water ship-ments or for bulk ground shipments. For solids, the definition of bulk packages are those that are designed to hold at lease 882 pounds. Finally, mercury lamps are not an ele-vated temperature material. Elevated tem-perature materials are defined as those transported or offered for transport in bulk packages at a temperature of 212 F or greater. Because none of these definitions de-scribe a universal waste mercury contain-ing lamp, they are not considered hazard-ous materials and are, therefore, unregu-lated by the DOT Hazardous Material regulations. However, they do remain subject to all of the applicable EPA uni-versal waste regulations. To learn more about these and other haz-ardous waste management requirements, attend Environmental Resource Center’s Hazardous Waste Management, the Com-plete Course or our Advanced Hazardous Waste Management seminar, or California and Texas specific waste management courses.

When you ship used mercury lamps as Universal Waste, should they be shipped as DOT hazardous materials? The definition of “hazardous material” at 49 CFR 171.8 includes items listed on the Hazardous Material Table (HMT), as well as hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials. Lamps are not listed on the hazardous materials table, but there is a shipping name listed as “Mercury contained in manufactured articles.” In column 1 of the HMT, the symbol A is identified for this shipping name, indicating that the material is only regulated for transporta-tion when shipped by air or if it is a haz-ardous substance (defined below), or haz-ardous waste subject to the hazardous waste manifesting require-ments. Therefore, because Universal Wastes are not subject to the hazardous waste manifesting requirements, and they are normally not shipped by air, the mer-cury containing lamps would not meet qualify for this shipping name. Similarly, mercury is listed on the hazardous materi-als table, as being a corrosive material;

however due to the symbols A and W, the material is subject to regulation only when shipped by air, water, or when re-quired to be on a hazardous waste mani-fest. Second, universal waste mercury lamps do not meet any of the hazard classes 1–8. Even though they contain mercury, the lamps do not meet the definition of a Class 8 material. Third, they do not meet the definition of a “hazardous substance.” To be considered a hazardous substance, the lamps would need to have at least the reportable quan-tity (RQ) of a material listed in 49 CFR 172.101 Appendix A, in a single pack-age. Mercury is on this list, and the RQ is 1 pound. However, there are only a few milligrams of mercury in each lamp, so it would be unlikely that any single package would contain a pound of mercury. Fourth, the lamps do not meet the defini-tion of a marine pollutant at 49 CFR 172.101 Appendix B. Mercury com-pounds are considered a severe marine pollutant, but there would need to be at least 1% of mercury for this to trigger the “marine pollutant” designation. Then, this

Are Universal Waste Mercury Lamps Subject to DOT Requirements? [49 CFR 171.8]

two pieces of metal that link to the float. Testing showed that static electricity could spark across the gap. The investi-gators concluded that is most likely what ignited flammable vapors in the tank while it was being filled with VM&P naphtha, a widely used solvent, the U.S. Chemical Safety and Hazard Investigation Board announced Thursday in Wichita. Source: http://www.kansas.com/news/local/story/446963.html

While checking the rubble of the Barton Solvents storage-tank facility in Valley Center, Kansas, last July, federal investi-gators found an important piece of charred equipment – a crucial clue to solving what caused the huge fire. It was the same kind of measuring-float equipment used in the 15,000 gallon above-ground storage tank where the ini-tial explosion occurred. Now, federal investigators have con-

cluded that metal linking to the float al-lowed a spark to form, setting off an ex-plosion in the tank. It has far-reaching implications because it is the same type of mechanism used in hundreds of thousands of chemical storage tanks across the na-tion. It works like this: To measure the level of the liquid in the tank, a metal tape meas-ure extends down and connects to a float resting atop the liquid. When there is slack in the tape, a gap can occur between

Probe Uncovers Source of Barton Solvents Blast. Common Tank Part is Key Clue –By: Tim Potter, The Wichita Eagle


Chemical, INEOS Fluor Americas, Huss-mann Corp., and Zero-Zone. GreenChill partners are working to meet their goals with approaches such as im-proving equipment leak tightness at in-stallation, developing a Retrofits Best Practices Guideline, and setting goals to convert more supermarkets to advanced refrigeration technologies. EPA's GreenChill team will be attending the Food Marketing Institute 2008 Sus-tainability Summit in Minneapolis, Minn., on June 16-18. The GreenChill team en-courages attendees to drop by at the GreenChill exhibit, learn about the pro-gram, and consider signing up on the spot. For additional information on the EPA GreenChill Partnership, visit: http://www.epa.gov/greenchill Contact Infor-mation: Dave Ryan, (202) 564-4355 / [email protected]

Since launching last November, the GreenChill Advanced Refrigeration Part-nership has nearly tripled its membership and prevented emissions of 2.5 million metric tons of carbon dioxide equivalent, equal to the annual emissions of almost 500,000 cars. GreenChill is an EPA cooperative alli-ance with the supermarket industry and suppliers to promote advanced technolo-gies, strategies, and practices that reduce emissions of stratospheric ozone-depleting substances and greenhouse gases. To chart their progress in the future, GreenChill's supermarket partners created baseline measurements of corporate-wide refrigerant emissions in 2007 and devel-oped Refrigeration Management Plans to reduce those emissions in 2008. Com-pared to the rest of the supermarket indus-try, GreenChill partners are already emit-ting fewer ozone-depleting refrigerants

and greenhouse gases than their competi-tors, and saving money at the same time. The partners' savings in operating costs equal almost $13 million. If every supermarket in the nation joined GreenChill and reduced their emissions to the current GreenChill average, the indus-try could prevent the release of 13 million metric tons of carbon dioxide equivalent and 157 ozone-depleting potential tons annually. GreenChill now has a total of 28 partners, including 19 supermarket chains, four advanced refrigeration systems manufac-turers and five chemical manufacturers. These new partners include ACME Mar-kets, Albertsons Intermountain West, Albertson's/Lucky Southern California, bigg's, Cub Foods, Farm Fresh Food & Pharmacy, Hornbacher's, Jewel/Osco, Price Chopper, Shaw's/Star Markets, Shop'n Save St. Louis, Shoppers Food & Pharmacy, Supervalu Inc., Arkema, Dow

EPA's GreenChill Dramatically Reduces Greenhouse Gases from Supermarket Industry:

that their jurisdictional fire departments/districts as well as interested law enforce-ment agencies and other first responders receive this information as well as ensure that they have received the 2008 Emer-gency Response Guidebooks provided by USDOT through AZSERC. (Thanks to Tim Gablehouse/NASTTPO President for getting the word out.- Visit www.nasttpo.org)

The National Association of State Fire Marshals (NASFM) has an on-line ver-sion of "Pipeline Emergencies" to provide first responders with a general awareness of pipeline safety. First responders will need to register on the site before starting training. NASFM and PHMSA (Pipeline and Hazardous Materials Safety Admini-stration) encourage pipeline operators to include the link to Pipeline Emergencies

101 in pipeline safety awareness mes-sages to first responders. http://www.pipelineemergencies.com/ The 2008 Emegency Response Guide-book (ERG) provides white pages for pipelines on pages 24 and 25. This is the first edition of the ERG to include infor-mational pages on pipeline transportation. AZSERC encourages all LEPCs to ensure

Pipeline Emergencies:

TRIBAL CORNER


up monitoring to measure the water qual-ity and to better determine the sources of erosion. It also will conduct outreach and public educational programs to boost awareness of water quality, fire and health issues. Work under the grant will be performed under the White Mountain Apache Tribe's authority and will include the efforts of contractors and volunteers. News media interested in additional infor-mation on this or any other topic concern-ing the Arizona Department of Environ-mental Quality should contact the Office of Communications at (602) 771-2215 or via email at [email protected].

The Arizona Department of Environ-mental Quality (ADEQ) awarded a $250,000 grant to the White Mountain Apache Tribe to reverse damage done to watersheds by the 2002 Rodeo-Chediski fire. The wildfire, the largest in Arizona his-tory, burned nearly 500,000 acres of for-est land, including a substantial area on the Fort Apache Indian Reservation in east-central Arizona. Flooding because of erosion caused by the fire is still occur-ring in the community of Cibecue and throughout the western part of the reser-vation, and is damaging homes, roads and land throughout the region. The grant will help Cibecue, a community

about 50 miles southwest of Show Low with a population of about 2,000 people, implement management practices to pro-tect the land and water. The grant focuses on the Willow Creek drainage area in the Salt Creek watershed and the Day School Wash drainage area, located within the Cibecue Creek watershed. Under the grant, the tribe will plant seed-lings and native vegetation and install dams and dikes in areas where erosion is occurring. The tribe also will use the grant money to build fences and widen channels to reduce flood risk, erosion and bacteria levels. In addition, the tribe will conduct follow-

$250,000 Grant to White Mountain Apache Tribe:

The grant is funded by ADEQ's Waste Reduction Initiative Through Education program for projects that educate the citi-zens of Arizona about waste reduction, recycling and composting. Thanks to: Chuck Paulausky, CHMM Thunderbird Chapter Board www.thunderbirdchmm.org CP Safety & Environ-mental, LLC Cell: (480) 694-1975 Fax: (480) 634-1998 [email protected]

Arizona Department of Environmental Quality Director Steve Owens announced today that ADEQ is awarding $10,000 to the To'Nanees'Dizi Chapter on the Navajo Nation to fund more recycling in Tuba City. "Recycling is one of our most effective tools to protect our environment," Direc-tor Owens added. "It is especially impor-tant to increase recycling opportunities on the Navajo Nation and throughout Cocon-ino County to protect natural resources and the quality of life there. We are very pleased to support this important effort."

The grant will fund an expansion of the only recycling program in the western part of the Navajo Nation. The chapter will use the funds to begin an educational campaign to encourage recycling in Tuba City and surrounding areas through com-munity-wide distribution of flyers, ban-ners and household recycling bins. The campaign will emphasize teachings relat-ing to traditional Navajo concepts of har-mony with the land and nature as they relate to recycling and waste reduction. Coconino County is dedicating a used compactor for recycling use at the solid waste transfer station in Tuba City.

ADEQ Director Owens Announces $10,000 Recycling Grant to the To'Nanees'Dizi Chapter on the Navajo Nation:

For a current copy of this directory, please visit: http://azgovernor.gov/eop/TribalOutreach.asp

Tribal Liaisons ensure that state services and resources are available to all eligible state citizens residing in Arizona tribal communities to the same extent that such

services are available to all other eligible state citizens. Each tribal liaison has been designated to act as the principle point of contact for tribal issues.

AZ Governor's Tribal Liaisons - Contact Information:


About Native American Com-munity Health Center The Community Health Center (NATIVE HEALTH) founded in 1978 provides health care, dental, medical and wellness/behavioral health services de-signed to not only help Native Americans address illnesses they may have, but also pursue and promote a healthier life-style. They also provide WIC series at two locations. Learn more at www.nativehealthphoenix.org . About Native American Connections Native American Connections began in 1972 to provide a safe haven for Native Americans recovering from substance abuse. Over the years, it has evolved into a nationally recognized provider of af-fordable housing and behavioral health services. Native traditional healing, cere-monies and practices are integrated into all of its services. Learn more at www.nativeconnections.org FOR IMMEDIATE RELEASE MEDIA CONTACTS: Jason Meyers: Desert Schools Federal Credit Union (602) 433-4210; [email protected] Marquis Scott: Native American Commu-nity Service Center (602) 299-1311; [email protected] (Thanks to Rose Whitehair, as usual, for ensuring the word is out! [email protected] )

Desert Schools Federal Credit Union has established an account for the public to make financial donations in the wake of an explosion and fire that damaged part of the sixth floor of the Native American Community Service Center headquarters. The building, located at 4520 N. Central Avenue across the street from Central High School in Phoenix is co-owned by the Phoenix Indian Center, Native Ameri-can Connections and Native American Community Health Center, three non-profit agencies that target services to Na-tive Americans. The fire occurred a week ago on the roof which houses two compressors. Center officials say there was an explosion lead-ing to the fire. No injuries were reported. Two years ago, the three oldest Native American non-profits in the Valley cre-ated a unique partnership to purchase the 85,000 square foot building to serve as a one-stop Native American business, cul-tural and social services center for at-risk urban families, elders, youth, and indi-viduals. Native American Connections, Inc., Na-tive American Community Health Center, Inc. and Phoenix Indian Center, Inc. formed an LLC which owns and operates the facility. Patti Hibbeler, CEO for the Phoenix In-dian Center said, "We are still assessing the damage. All services were shut down immediately. As of now, we have elec-

tricity but it is still unclear how long it will be until the building has air condi-tioning." Effective this week, most staff was placed on administrative leave. The combined agencies are asking for the public's help in restoring social services to the Valley's Native families by visiting a Desert Schools branch to make a donation to the Phoenix Indian Center Account. About Desert Schools Federal Credit Union Desert Schools is Arizona's largest credit union with $3 billion in assets, more than 350,000 members and 64 locations. As a not-for-profit cooperative, Desert Schools has been serving members since 1939 with stellar service, innovative products, community outreach and education. Learn more at www.desertschools.org About the Phoenix Indian Center The Phoenix Indian Center, Inc., was es-tablished in 1947 to serve the needs of the American Indians who came to down-town Phoenix to sell their arts and crafts or shop for their families. They needed a place to receive messages, freshen up, help find a job or socialize with other Indians. Later, the Center incorporated with the State of Arizona as a private non-profit "501(c)(3)" status. Today, the Cen-ter is the primary resource of social, eco-nomic, educational, leadership, employ-ment and training for urban American Indians residing in Maricopa County. Learn more at www.phxindcenter.org

Explosion Halts Activities at the Native American Community Center in Phoenix:

Tribal Program Link: http://www.epa.gov/region09/indian

Tribal Program Newsletter: http://www.epa.gov/region09/indian/newslet.html

Governor's Tribal Community Outreach: Visit: http://azgovernor.gov/eop/TribalOutreach.asp for agency contact information.

Tribal news: http://www.navajohopiobserver.com/

The Department of Defense Instrumentation Program For Tribal Colleges and Universities (TCUs) Fis-cal Year 2008 http://www07.grants.gov/search/search.do;jsessionid=LWTSPyFdTvWlTQsGTDMRpkHLykzPrngkdmnq1TNW1h3KztvyhCV9!2013124168?oppId=41488&flag2006=false&mode=VIEW


LET’S HEAR FROM YOU! Send us your inputs and feedback on the newsletter; including, exercises and other LEPC related activities in which

you've been involved. Let us know what you’d like to see in future editions. Talk to us! We appreciate your input and look forward to hearing from you!

Sincerely,

Mark Howard Executive Director

Commercial products and services are mentioned for informational purposes only and should not be construed as AZSERC endorsements.

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UPCOMING EVENTS: in San Francisco, California. Conference registration will begin July 2008. Visit: http://events.ichotelsgroup.com/DPRD-7D4NJ3/SFOGG/website/ for more infor-mation.

• November 12, 2008, The Second Annual Greater Phoenix Ammonia Day will be held at the Mountain Preserve, 1413 E. Dunlap in Phoenix. The keynote speaker will be Mr. John Bresland, Chairman and CEO of the U.S. Chemical Safety board. Don't miss it! More information about the topics and speakers will be provided at a closer date. Be sure and Save the date! (Contact: S. Cristina Herrera ; 602-273-1411 Office ; 602-275-1638 Fax)

• August 13 – 15, 2008, 2008 Environ-mental Summit: The Arizona Association of Industries (AAI) has merged with the Chamber to create the Arizona Manufac-turers Council (AMC). All AAI events and members are now a part of the AMC. The 2008 Environmental Summit will be held August 13 15th. Visit: http://www.azchamber.com

• September 2-5, 2008, The 19th Annual Continuing Challenge will take place in Sacramento, California. Visit http://www.hazmat.org/index.cfm?section=1 for more information and to register.

• September 24, 2008, Pollution Preven-tion Seminar - The Pillars of Sustainabil-ity. In the world today, large and small businesses on both sides of the border

need to understand and communicate how they are working to achieve a sus-tainable world by using the three pillars of environmental stewardship, social equity and positive economic growth. This seminar will provide information that will allow you to build your com-pany’s sustainability foundation. You will learn the basics and advanced meth-ods of incorporating sustainability into your company’s procedures and opera-tions. Visit www.saems.org to register and for more information. Or contact Syndee Wundrock at 520-694-7475, or Dale Anderson at 602-771-4104 or 800-234-5677 ext. 7771-4104

• October 22-24, 2008, The 16th Annual Region 9 Tribal EPA Conference will be held at the Holiday Inn Golden Gateway,

The AZSERC was established by Arizona Law (Arizona Revised Statutes-Title 26, Chapter 2, Article 3) and is tasked with the implementation of the Emergency Planning and Community Right to Know Act (EPRCA) in Arizona. This Commission oversees 15 Local Emergency Planning Committees and sup-ports community, industry and government and academia in: planning, release and incident reporting, data management guid-ance for inventory reporting, public disclo-sure of information about hazardous chemi-cals in Arizona as well as development of training and outreach programs. The Commission supports individual agency goals and objectives. This is accom-

plished through the receipt and coordination of emergency notifications of chemical re-leases, collection and provision of chemical inventory information to interested parties, training and grants programs. Additionally, the AZSERC provides con-sultative services, conducts and participates in workshops and coordinates development and review of plans and programs for 15 Local Emergency Planning Committees. Further, the AZSERC serves as a state clearinghouse for hazardous chemical emer-gency preparedness and planning activities and information through coordination with federal, tribal, state, local governments, industry and community interest groups.

ABOUT OUR ORGANIZATION

ARIZONA EMERGENCY RESPONSE COMMISSION 5636 E. MCDOWELL ROAD PHOENIX, AZ 85008-3495

PHONE: (602) 231-6346 FAX: (602) 392-7519

Visit us on the web:www.azserc.org AZSERC STAFF Mark Howard Executive Director Roger Soden HAZMAT Program Coordinator Richard Eaton Web Portal/ Technology

Coordinator Paul Culberson Planner II Sylvia Castillo Admin Asst III Chrissy McCullough Admin Asst II

COMMISSIONERS: Lou Trammell ADEM Director (Chair) Susan Gerard ADHS Director Stephen A. Owens ADEQ Director Victor Mendez ADOT Director Roger Vanderpool ADPS Director DESIGNEES: Mark Howard ADEM Don Herrington ADHS Michael Fulton ADEQ David Denlinger ADPS Sonya Herrera ADOT

ADVISORY COMMITTEE: Corporation Commission - Tom Whitmer Industrial Commission - Darin Perkins State Mine Inspector - Joe Hart State Fire Marshal - Phil Mele Radiation Regulatory Agency - Aubrey Godwin Department of Agriculture - Jack Peterson Arizona Fire Chiefs Association -Chandler FD - John Gardner -Yuma FD - Jack McArthur Asst. State Attorney General - Jeffrey Cantrell SI Smith and Associates, LLC - Sybil Smith Apache Nitrogen - Pamela Beilke Intel Corporation - James Wick Riverside Environmental - Bill Embree GATEKEEPER NEWSLETTER: MARK HOWARD – EDITOR IN CHIEF DAN ROE - CONTRIBUTING EDITOR CHRISSY MCCULLOUGH - EDITOR

gatekeeper newsletter · getting the word out.) a new un number has been approved for...

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