Volume XI, Edition 09

September 1, 2011

GATEKEEPER NEWSLETTER
Arizona Emergency Response Commission
5636 East McDowell Road
Phoenix, Arizona 85008-3495

Lou Trammell, Chair

Janice K. Brewer, Governor
http://www.governor.state.az.us/

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

Inside this
issue:
Miami Man Sentenced
to 18 Months in
Prison for Smuggling
Refrigerant

2

DuPont pulls damaging herbicide

4

New global rules for
sensitive nuclear trade

6

Hazardous Incident
Response Team ready
to react

8

Chemical levels high
after Buffalo industrial fire

10

Officials have not
solved ‘no response’
problems in Haz Mat
rescue

12

Panel to review pesticide use in Arizona

14

National Preparedness Month Partnership
Yields “Black Box” Emergency Kit Cook-off:
Poster Contest, Educators’ Toolbox Available to Arizona Teachers, Grade-schoolers
PHOENIX—National Preparedness Month is in its eighth year of
spreading the personal preparedness message of prepare a plan,
make a kit and be informed--a
mantra worth repeating.
But as important as the message
is, the Arizona Emergency Information Network (AzEIN) can’t
bear to simply reiterate the three
tenets of preparedness. So, AzEIN
has partnered with the Le Cordon
Bleu College of Culinary Arts in
Scottsdale to debut the
“Emergency Kit Cook-off,” a
unique cooking competition inspired by the 72-hour emergency
kit.
“It’s more important to involve
people in preparedness than to
just talk about it,” said Arizona
Division of Emergency Management Director Lou Trammell.
“People connect with a call to
action when they’re free to be
creative and interact with the
message. The Cook-off, like preparedness, is about resourcefulness.”

A typical emergency kit includes
three days worth of water (one
gallon per person, per day for
drinking and hygiene) and nonperishable foods—canned proteins, fruits and vegetables; cereal, granola and trail mixes;
peanut butter; dried fruits and
nuts; canned juices; and comfort
foods like cookies or crackers.
The public’s help is needed in
deciding which emergency kit
foods become ingredients in this
year’s Emergency Kit Cook-off
“black box.” Starting today, the
public can vote on the ingredients
put before Le Cordon Bleu Chef
Jon-Paul Hutchins—he’s tackling
the black box on live television—
and those home cooks who are up
to the challenge. Visit
www.AzEIN.gov to vote and for
Cook-off details.
“A black box contest is a test of
culinary imagination,” said Chef
Hutchins. “The Emergency Kit
Cook-off is based on the idea that
‘necessity is the mother of all
invention.’ We set the constraints, and the cooks are left to
create a delicious, original dish.”
Through September, news from

the Kit Cook-off, including the
announcement of the black box
ingredients, will be posted to
the Emergency Kit Cook-off
webpage and tweeted by
AzEIN (www.twitter.com/
AzEIN) using the #KitCookoff
hashtag.
In addition to the Emergency
Kit Cook-off, AzEIN is again
co-sponsoring the annual just
in case arizona Poster Contest
with the Arizona Department
of Health Services. Open to
first- through sixth-graders, the
contest is meant to engage
children’s creative talents and
highlight the simple steps it
takes to be prepared. Visit
www.AzEIN.gov for information on the 2011 Poster Contest.
Arizona educators are also
invited to use materials from
our just in case arizona Educators’ Toolbox. Toolbox resources are free for download
and include coloring pages,
posters, worksheets and handouts. A link to the Educators’
Toolbox can be found on
www.AzEIN.gov.

EPA Corner

Page 2

GATEKEEPER

Miami Man Sentenced to 18 Months in Prison for
Smuggling Refrigerant:
WASHINGTON –Today,
U.S. District Court Judge
Adalberto Jordan sentenced
Brendan Clery, 34, to 18
months in prison and ordered
him to pay a $10,000 criminal
fine and forfeit illegal proceeds
in the amount of $935,240.
Clery pleaded guilty in April
2011 to knowingly importing
approximately 278,256 kilograms of illegal hydrochlorofluorocarbon - 22 (HCFC-22,
also known as R-22) into the
United States. HCFC-22 is an
ozone-depleting substance
regulated by EPA under the
Clean Air Act (CAA). HCFC22 depletes the ozone layer,
resulting in increased ultraviolet radiation-B (UV-B) reaching the Earth’s surface, which
in turn leads to a greater
chance of overexposure to UV
radiation and the risks of health
effects, such as skin cancer,
cataracts, and suppression of
the immune system.

"EPA takes seriously the
smuggling of illegal substances that can harm the
ozone layer, which protects
us from harmful UVB radiation that can cause skin cancer and cataracts,” said Cynthia Giles, assistant administrator for EPA’s Office of
Enforcement and Compliance
Assurance. “Today’s sentencing is an example of EPA’s
commitment to aggressively
enforce U.S. laws and meet
our international obligations."
According to court records
and statements, in 2005,
Clery formed and served as
president of Lateral Investments LLC, a corporation he
established in Florida for the
purpose of importing merchandise, including refrigerant gas he intended to sell
illegally. Between June and
August 2007, Clery illegally

smuggled approximately
278,256 kilograms or
20,460 cylinders of restricted HCFC--22 from
China, with a market value
of $1,438,270, and at no
time did Clery or Lateral
Investments hold the consumption allowances required to legally import
HCFC-22.
EPA established a schedule
to phase out the production
and importation of ozonedepleting substances, with a
complete phaseout starting
in 2030. To meet its obligations under the Montreal
Protocol, an international
treaty designed to protect
the ozone layer, EPA issued
baseline consumption allowances for the production and
importation of HCFC-22 to
individuals and companies.
To legally import HCFC-22
for consumption, one must

hold and expend one consumption allowance for
each kilogram of HCFC-22
imported into the United
States.
This case was part of a
larger criminal investigation known as Operation
Catch-22. It was investigated by the Environmental
Protection Agency, U.S.
Immigration and Customs
Enforcement, and the Florida Department of Environmental Protection, Criminal Investigation Bureau,
and prosecuted by special
assistant U. S. Attorney
Jodi A. Mazer.
More information on
EPA’s criminal enforcement program: http://
www.epa.gov/compliance/
criminal/index.html

DuPont pulls damaging herbicide:
Detroit News – (National) DuPont
pulls damaging herbicide. Chemical
manufacturer DuPont pulled a herbicide off the market after finding it
damages trees. The company recently
admitted Imprelis, a chemical agent
designed to kill weeds such as dandelions, clover, plantains, wild violet and
ground ivy, was harming a variety of
tree species such as Norway spruces,
and white pines. The decision follows
several class-action lawsuits. "We
have received letters from the Environmental Protection Agency and are

consulting with them to determine
the appropriate path forward including the most effective way to
implement our recommendation of
a voluntary suspension of sale of
DuPont Imprelis herbicide and a
product return and refund program," the company said in a statement released August 4. The announcement came on the same day
a class action lawsuit was filed
against DuPont for Imprelis-linked
damage to trees in the Midwest.
According to statements released

by Miami-based law firm
Grossman Roth, the company
failed to warn clients Imprelis
could harm trees, and to provide
adequate instruction on the product's use. Thousands of trees have
died from the Midwest to the Atlantic coast resulting in "hundreds
of millions" in damages, the firm
said. Source: http://
www.detnews.com/
article/20110805/
METRO/108050373/1409/
DuPont-pulls-damaging-herbicide

Volume XI, Edition 09

Page 3

Dow Chemical Agrees to Pay $2.5 Million to Resolve Air,
Water and Waste Violations at its Midland, Michigan
Complex:
WASHINGTON – The U.S.
Environmental Protection
Agency (EPA) and the U.S.
Department of Justice today
announced that Dow Chemical
Company (Dow) has agreed to
pay a $2.5 million civil penalty
to settle alleged violations of the
Clean Air Act, Clean Water Act
and the Resource Conservation
and Recovery Act (RCRA) at its
chemical manufacturing and
research complex in Midland,
Mich.
“Communities near large industrial facilities depend on EPA to
enforce our nation’s environmental laws and protect public
health and the environment,”
said Cynthia Giles, assistant
administrator for EPA’s Office
of Enforcement and Compliance
Assurance. “Today’s settlement
with Dow will reduce the potential for future violations and
protect communities from emissions of hazardous air pollutants.”

"This compliance program
should serve as a model for
industry and will go a long
way to assure future violations will not happen again
at this facility," said Ignacia
S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. “Dow
worked cooperatively with
the government to resolve
this matter and in doing so
set an example for responsible compliance with our
nation’s environmental
laws.”
In addition to paying a penalty, Dow will implement a
comprehensive program to
reduce emissions of volatile
organic compounds
(VOCs) and hazardous air
pollutants (HAPs) from
leaking equipment such as
valves and pumps. These
emissions – known as fugitive emissions because they

are not discharged from a
stack but rather leak directly
from equipment – are generally controlled through work
practices, such as monitoring for and repairing leaks.
The settlement requires Dow
to implement enhanced
work practices, including
more frequent leak monitoring, better repair practices,
and innovative new work
practices designed to prevent leaks. In addition, the
enhanced program requires
Dow to replace valves with
new “low emissions” valves
or valve packing material,
designed to significantly
reduce the likelihood of future leaks of VOCs and
HAPs.

and repairing leaking equipment, for demonstrating initial and continuous compliance with regulations applicable to chemical, pharmaceutical and pesticide plants, and
for failing to comply with
reporting and recordkeeping
requirements. The complaint
also asserts that Dow violated
the Clean Water Act’s prohibition against discharging
pollutants without a permit
and violated the Resource
Conservation and Recovery
Act’s requirements for hazardous waste generators.

According to the 24-count
complaint, filed simultaneously with the settlement
today in the Eastern District
of Michigan, Dow allegedly
violated Clean Air Act requirements for monitoring

More information on the settlement: http://www.epa.gov/
compliance/resources/cases/
civil/mm/dowchemical.html

CAMEO Companion is now available for printing please contact:
State of Arizona Department of Corrections
Dirk Johnson, Account Manager
3107 W. Cambridge Avenue
Phoenix, AZ 85009
602-272-7600 Ext. 207
Toll Free: 800-992-1738
Fax: 602-272-1007
Cell: 602-388-7230
djohnso1@azcorrections.gov

The consent decree is subject
to a 30‑day comment period
and final approval by the
court.

Page 4

GATEKEEPER

N.J. chemical company must help pay for Passaic River
cleanup, judge rules:
Newark Star-Ledger – (New
Jersey) N.J. chemical company
must help pay for Passaic
River cleanup, judge rules. A
chemical company must help
pay for cleaning up the Passaic
River polluted decades ago by a
Newark, New Jersey pesticide
manufacturing plant, a state
superior court judge ruled. Occidental Chemical Corp. is liable for past and future cleanup
costs associated with pollution
caused by the former Diamond
Alkali/Diamond Shamrock
Chemicals Corp. plant on Lister
Avenue, which it acquired in the
1980s, the ruling said. Diamond
operated a pesticide and herbi-

cide manufacturing facility
from 1951 to 1969, polluting the river with a highly
toxic form of dioxin left
over from production of
Agent Orange, DDT, and
other chemicals. New Jersey environmental officials
and the governor hailed the
ruling, handed down the
week of July 18, as a victory for taxpayers. Occidental, one of eight companies named in a lawsuit
filed by the state, will be
liable for its part of the
cleanup and removal of
contaminated sediment, the
judge ruled. A spokesman

for Occidental said in a statement the company never
owned or operated the Lister
plant because it was closed
before Occidental purchased
Diamond Shamrock Chemicals Co. from Maxus Energy
Corp. in 1986. He said Maxus
is liable for the site, and has
agreed to pay for the cleanup.
A second pending motion
seeks a similar ruling against
Tierra Solutions, a Maxus
affiliate, the state Department
of Environmental Protection
(DEP) said. The U.S. Environmental Protection Agency
(EPA), which is overseeing
river restoration, estimates it

will cost $1 billion to $4 billion to clean up the most
heavily polluted 8-mile portion of the waterway nearest
to the plant. Dioxin concentrations in Passaic River fish
and crabs are among the
highest reported in the world,
and present an imminent and
substantial danger to the public and wildlife, according to
the DEP. Eating them would
greatly increase the risk of
cancer. Source: http://
www.nj.com/news/
index.ssf/2011/07/
nj_chemical_company_must_
help.html

EPA Publishes Rule to Improve Reporting of Chemical
Information:
WASHINGTON – The U.S.
Environmental Protection
Agency is increasing the type
and amount of information it
collects on commercial chemicals from chemical manufacturers, allowing the agency to better identify and manage potential risks to Americans’ health
and the environment. The improved rule, known as the
chemical data reporting rule
(CDR), also requires that companies submit the information
electronically to EPA, rather
than on paper, and limits confidentiality claims by companies.
The changes are part of EPA
Administrator Lisa Jackson’s
commitment to strengthen the
agency’s chemical management
program and increase the transparency of critical information

on chemicals.

day.”

“Collecting this critical
information on widely used
chemicals will enable EPA
to more effectively identify
and address potential
chemical risks,” said Steve
Owens, assistant administrator for EPA’s Office of
Chemical Safety and Pollution Prevention. “The new
electronic reporting requirement and limits on
confidentiality claims also
will bring EPA’s data collection effort into the 21st
Century and give the
American people greater
access to a wider range of
information on chemicals to
which their children and
families are exposed every

The CDR rule, which falls
under the Toxic Substances
Control Act inventory update
rule (IUR), requires more
frequent reporting of critical
information on chemicals and
requires the submission of
new and updated information
relating to potential chemical
exposures, current production
volume, manufacturing siterelated data, and processing
and use-related data for a larger number of chemicals. The
improved information will
allow EPA to better identify
and manage risks associated
with chemicals.
EPA is requiring companies
to submit the information

through the Internet, using
EPA’s electronic reporting
tool. On-line reporting will
improve both data quality
and EPA’s ability to use
the data, as well as make it
more accessible to the public.
Companies will be required
to start following the new
reporting requirements in
the next data submission
period, which will occur
February 1, 2012 to June
30, 2012.
More information about the
CDR Rule and reporting
program is available at
www.epa.gov/iur.

Volume XI, Edition 09

Page 5

Peter Martin Kuhn Added to EPA Fugitive List:
Defendant failed to surrender
after indictment in illegal mining waste dumping case
WASHINGTON – Peter Martin Kuhn, former president and
Chief Executive Officer of
French Gulch Nevada Mining
Corporation and Bullion River
Gold Corporation, has been
added to the U.S. Environmental Protection Agency’s
(EPA) fugitive list for failing to
surrender to federal law enforcement authorities after he
was indicted for his role in a
conspiracy to illegally dispose
of mining wastes containing
hazardous concentrations of
arsenic and lead. Exposure to
arsenic can cause partial paralysis, blindness, and cancer and
exposure to lead can affect kidney function, and cause reproductive and developmental issues. A warrant has been issued
for his arrest.
“EPA is serious about enforcing
the nation’s environmental laws
to protect public health. Those
who are charged with violating
the law must have their guilt or

innocence determined in a
court of law,” said Cynthia
Giles, assistant administrator for EPA’s Office of
Enforcement and Compliance Assurance. “The public can help EPA by reporting any information they
have on the whereabouts of
Mr. Kuhn on EPA’s fugitive website or to local law
enforcement.”

redation against United States
property, two counts of false
statements, and one count of
negligent discharge of a pollutant into a water of the
United States. An indictment
is merely an allegation, and a
defendant is presumed innocent until proven guilty beyond a reasonable doubt. If
convicted, Kuhn faces a possible 20 year imprisonment.

Kuhn allegedly engaged in
a conspiracy to illegally
dispose of hazardous mining wastes by dumping the
waste onto a hillside and
county road surrounding
the mine, which included
public lands owned by the
Bureau of Land Management, and on at least one
occasion, into a nearby
stream.

Launched in December 2008,
EPA’s fugitive list website
contains information about
individuals who have failed to
turn themselves in after having been indicted and charged
with or convicted of violating
environmental laws or associated violations of the U.S.
Criminal Code. The website
also shows the public how to
contact EPA if they have information about a fugitive’s
identity or location.

On July 1, 2010, the federal
grand jury in the Eastern
District of California returned an indictment charging Kuhn with one count of
conspiracy and aiding and
abetting, one count of dep-

To date, information from
citizens or law enforcement
organizations have assisted in
the arrest or capture of five
fugitives and the surrender of

two others. Of the seven
former fugitives, five have
been sentenced, one is
awaiting sentencing, and
one had charges dismissed
after the trial ended in a
hung jury. With the addition of Peter Kuhn, there
are currently 18 fugitives
on EPA’s fugitive list.
Because some fugitives
may be armed and dangerous, the public should not
try to apprehend any of the
individuals. Citizens may
also report the information
to their local police or, if
outside the United States,
to the nearest U.S. Embassy.
More information on
EPA’s fugitive website:
http://www.epa.gov/
fugitives
More information on
EPA’s criminal enforcement program: http://
www.epa.gov/compliance/
criminal

Ohio EPA reaches settlement with Hukill Chemical over
hazardous waste violations:
Crain’s Cleveland Business – (Ohio)
Ohio EPA reaches settlement with
Hukill Chemical over hazardous waste
violations. The Ohio Environmental
Protection Agency (OEPA) reached a
settlement agreement with a Bedford,
Ohio company over hazardous waste
violations. The agency said August 5
Hukill Chemical Corp. agreed to pay a
$29,960 penalty to settle the violations at
its plant at 7013 Krick Road in Bedford.

Last October, the OEPA cited
Hukill ―for unlawfully storing
hazardous waste in excess of the
quantity authorized in its permit.ԡ
The company is authorized to
store a maximum of 68,695 gallons per day of hazardous waste in
containers; the OEPA determined
Hukill exceeded the storage capacityԡ on at least 35 daysԡ in
2010. The company also failed to

keep an updated, written operating
record at the plant. The OEPA
said $23,968 of the settlement
money goes to Ohio’s hazardous
waste cleanup fund, and $5,992
goes to the agency’s Clean Diesel
School Bus Fund. Source: http://
www.crainscleveland.com/
article/20110805/
FREE/110809876

Page 6

GATEKEEPER

West Oakland’s innovative approach to soil decontamination
Contra Costa Times –
(California; National) West
Oakland’s innovative approach to soil decontamination. In West Oakland, California, workers will till fish bones
from 1 ton sacks into leadcontaminated soil, where it will
bind with the toxic metal as it
decays, creating a tiny harmless
crystal. While it may smell fishy
for a few days, the treatment
will remove the lead, said the
U.S. Environmental Protection
Agency (EPA) scientist overseeing the nation’s first fishbone lead decontamination of a
residential area. South Prescott,
a 6-block neighborhood 1 mile
west of downtown Oakland, has
the heavy lead contamination
that can be found in many urban

and industrialized areas.
Some yards have more than
five times the federal health
standard of 400 parts per
million of lead in soil, and
the neighborhood on average has twice as much,
EPA tests in 2009 revealed.
Exhaust from now-banned
leaded gasoline, peeling
lead-based paint in old
homes and businesses such
as auto repair shops, and
metal recycling facilities
account for much of the
contamination. The fish
bone treatment is highly
effective, the EPA scientist
said. One study found it
reduced lead leaching
through soil by 100-fold. It
works fast, too. Workers in

early July tilled bone into the
test site in Oakland, and by
early August, it was safe for
residents, the scientist said.
The larger 2-year, $4-million
project to decontaminate the
soil and turn the vacant lot
into a park is being paid for
by the EPA. Some 150 homes
qualify for the decontamination. After the treatment, their
yards will be re-landscaped at
the EPA’s expense. The fish
bone, like other bone, is
largely made of calcium and
phosphate. As it decomposes,
freed phosphate migrates
through moistened soil. It
chemically and permanently
binds to the toxic metal, creating a microscopic crystal
called pyromorphite that is

harmless even if consumed.
The method has been under
research for more than 15
years, and has been used to
clean up lead at military
firing ranges, and ordnance
test sites. The fish bone
cleanup costs $18 a square
foot, compared with $32 a
square foot for the traditional method of hauling
tainted topsoil away and
replacing it. The EPA scientist said he plans to work
with research laboratories
to monitor how well the
Oakland project cuts residents’ lead exposure.
Source: http://
www.contracostatimes.com
/environment/ci_18636557

New global rules for sensitive nuclear trade:
Carnegie Endowment for International Peace –
(International) New global
rules for sensitive nuclear
trade. The 46 members of the
Nuclear Suppliers Group
(NSG) agreed in June on new
global terms of trade for uranium enrichment and spent
fuel reprocessing technology
(ENR). The new guidelines,
published the week of July 25
by the International Atomic
Energy Agency (IAEA), represent a compromise between
states most eager to prevent
sensitive know-how from
proliferating, and others that

fear discrimination by the handful of advanced countries that
do nearly all the world’s commercial nuclear fuel processing.
The new guidelines impose
additional and specific criteria
for access to this technology.
Compared to the NSG’s original guidelines, the new ones
establish a raft of specific conditions a recipient must meet to
obtain ENR items. These include being a party to and in
full compliance with the Nuclear Non-Proliferation Treaty
(NPT); not being cited by the
IAEA board of governors or
secretariat for safeguards defi-

cits; having and complying
with a comprehensive safeguards agreement with the
IAEA; reporting on national
export controls as called for
under United Nations Security
Council Resolution 1540; committing and adhering to international nuclear safety norms;
and having a bilateral agreement with the ENR supplier
state covering retransfer and
assuring safeguards in perpetuity. Source: http://
www.carnegieendowment.org/
2011/07/28/new-global-rulesfor-sensitive-nuclear-trade/4atv

Volume XI, Edition 09

Page 7

Loss of federal meth cleanup funds forces a
retreat in drug war: By Jim Salter The Associated Press
Marc Martin holds a bag of
methamphetamine valued at
$10,000 as he talks with fellow
sheriff's investigator Jody
Cavanaugh in Warren County,
Tenn. Busts of meth labs in
that county fell from 70 by
midsummer last year to 24 this
year. (Josh Anderson, The Associated Press)
ST. LOUIS — Police and sheriff's departments in states that
produce much of the nation's
methamphetamine have made a
sudden retreat in the war on
meth, at times virtually abandoning pursuit of the drug because they can no longer afford
to clean up the toxic waste
generated by labs.
Despite abundant evidence that
the meth trade is flourishing,
many law enforcement agencies have called off tactics that
have been used for years to
confront drug makers: sending
agents undercover, conducting
door-to-door investigations and
setting up stakeouts at pharmacies to catch people buying
large amounts of cold medicine.
The steep cutbacks began after
the federal government in February canceled a program that
provided millions of dollars to
help local agencies dispose of
seized labs. Since then, an Associated Press analysis shows,
the number of labs seized has
plummeted by a third in some
key meth-producing states and
two-thirds in at least one, Alabama.
The trend is almost certain to
continue unless more states
find a way to replace the federal money or to conduct
cheaper cleanups.
In Michigan, authorities still

bust meth labs when they find
them, but tougher missions like
secretly sending officers into
the meth underworld have been
scrapped.
"They're not actively out there
looking for it," said Tony
Saucedo, meth enforcement
director for Michigan State
Police. "And the big issue is
money. We have taken 10 steps
backward."
At least one sheriff became so
frustrated that he considered
burning meth waste illegally in
a landfill rather than leaving it
in neighborhoods where curious
children could find it.
In Warren County, Tenn., about
70 miles southeast of Nashville,
deputies had "always been very
aggressive on meth," Sheriff
Jackie Matheny said. By midsummer a year ago, they had
busted some 70 meth labs. This
year, that number tumbled to
24.
"When you have to kind of kick
it into neutral, it makes you sick
to your stomach because we
know it's out there," Matheny
said.
Making matters worse, sheriffs
say, was the suddenness of the
loss, which didn't give cashstrapped local governments any
time to come up with another
way to pay for cleanups that
typically cost $2,500 to $5,000
per lab.
"We didn't have an opportunity
to prepare," Matheny said. "We
just got a phone call saying,
'You're not going to have funds
anymore.' It just absolutely
crippled us."'
Lab seizures were down 32
percent through May 31 in Tennessee, which led the nation in
seizures in 2010. The numbers

were similar or worse in other
leading meth states: down 33 percent in Arkansas, 35 percent in
Michigan and 62 percent in Alabama.
All of those states relied heavily
on funding from the federal Community Oriented Policing Services, or COPS program. It offered local agencies $19.2 million
in 2010. That money was not renewed and is unlikely to come
back.
What's left behind
Because meth is made using a
volatile mix of ingredients such as
battery acid, drain cleaner and
ammonia, only crews with specialized training are allowed to
handle the materials found in labs.
The waste and debris cannot be
dumped in a regular landfill, only
in specially approved waste sites.
In years past, a typical meth lab
often consisted of pots of simmering chemicals in basements, kitchens and garages. But then restrictive new laws made it harder to
buy large quantities of the cold
medicine pseudoephedrine, a key
ingredient.
That led many meth makers to
give up on big batches in favor of
smaller ones produced by combining ingredients in a 2-liter soda
bottle. The majority of labs now
use this "shake-and- bake" system, police say.
Cleanups typically cost at least
$2,500, even for a small shakeand- bake lab. The Associated
Press
Thanks toTimothy R Gablehouse

In Michigan,
authorities still
bust meth labs
when they find
them, but
tougher
missions like
secretly sending
officers into the
meth
underworld
have been
scrapped.

Page 8

LEPC Corner

GATEKEEPER

Hazardous Incident Response Team ready to react:

“Even though we
rarely ever have
a large-scale
chemical
incident to
handle, it is
important that
everyone here is
able to respond
effectively just in
case,” said
Tomimoto

CAMP HANSEN, Japan - When
a hazardous material emergency,
biochemical threat or terrorist
attack is imminent, the members
of the Hazardous Incident Response Team are the first on the
scene.
Their purpose is to serve and
protect service members, their
families and citizens of the local
community by neutralizing and
eliminating any and chemical
threats that occur on the island.
When they are not responding to
chemical spills, the team is no
less diligent, checking equipment and running drills to ensure
they stay proficient at their craft
and remain ready to handle any
incident that may occur.
The HIRT unit here consists of
38 members overall, including
military policemen and emergency medical technicians. To
ensure members remain adept at
their capabilities, the team consistently checks equipment for
functionality and practices scenarios involving casualties, toxic
spills, terrorist attacks and other
disasters.
At the southern detachment of
the Marine Corps Bases Japan
Fire Department here, firefighters receive additional training to
be qualified to respond to hazardous material incidents, ac-

cording to Hideaki Tomimoto, a firefighter and driving engineer with the MCBJ
Fire Department.
“Even though we rarely ever
have a large-scale chemical
incident to handle, it is important that everyone here is
able to respond effectively
just in case,” said Tomimoto,
who has worked with the
department for more than 11
years. “We are all proficient
with all the gear, equipment
and procedures.
“We check our equipment
every day to ensure that no
matter when we need it, it’ll
work,” said Tomimoto. “We
also have HAZMAT training
at least once a week, and a
full-scale drill once a month
to practice tactics.”
With the exception of hydraulic and gasoline leaks,
the HIRT unit remains on
stand-by in MCBJ’s specialized teams arsenal.
“We are lucky to have not
had any large-scale incidents, but no matter the size,
we have three priorities
when it comes to our job –
save lives, environment and
property,” said Tomimoto.

When the team is not conducting HIRT training, they
are working fervently to
maximize their skills in other
areas of their jobs, said Earl
Revolta, an emergency medical technician with the southern department.
“These guys are never sitting
still,” said Revolta. “They
are not only with the HIRT
unit- they are fire fighters,
water rescuers, English students and the list goes on.
They are very passionate
about what they do.”
With 24-hour shifts and a
constant training schedule,
the team is unsurprisingly
close.
“We are very much like a
family,” said Revolta, who
has been with the team two
years. “We spend more time
here than we do at home,
which really builds up our
sense of camaraderie.”
For more information on the
Hazardous Incident Response Team, contact the
MCBJ Fire Department at
637-1263.

Volume XI, Edition 09

Page 9

Roundup herbicide: Weedkiller ‘creates superweeds’ choking 11m acres of US farmland:
London Daily Mail –
(National) Roundup herbicide: Weedkiller ‘creates
super-weeds’ choking 11m
acres of US farmland. More
than 11 million acres of U.S.
farmland is infested with
“super weeds” resistant to the
popular herbicide Roundup.
The weeds, some of which
grow by 3 inches a day and
can damage farm equipment,
have become immune to the
Monsanto produced killer.
Scientists are warning that if
the rate of “infection” contin-

ues, food prices will rise as
farmland becomes swamped
with the weeds. According to
trade journal Weed Science, at
least 21 weed species have become resistant to the popular
herbicide glyphosate, the active
ingredient in Monsanto’s
Roundup. A growing number,
referred to as super-weeds, survive a cocktail of other herbicides. It is alleged Monsanto
had previously led farmers to
believe Roundup would not
produce resistant weed varieties. More than 11 million

acres, up from 2.4 million in
2007, are now infested with
Roundup-resistant varieties.
Farmers are having to resort to
stronger chemicals, or plowing
and mulching fields to tackle the
spread of the resistant varieties.
Source: http://
www.dailymail.co.uk/news/
article-2027314/Roundupherbicide-Weedkiller-createssuper-weeds-choking-11m-acresUS-farmland.html?ito=feedsnewsxml

According to
trade journal
Weed Science, at
least 21 weed
species have
become resistant
to the popular
herbicide
glyphosate, the
active ingredient
in Monsanto’s
Roundup.

Officials warn about keeping chemicals in regular water
bottles:
KRGV 5 Weslaco – (Texas) Officials
warn about keeping chemicals in regular water bottles. A girl is fighting for
her life in a coma in Donna, Texas, after
she mistook pesticide in a water bottle
for juice and drank it. Hidalgo County
investigators said the child’s parents
bought the flea and tick killer at Donna’s
Val Verde Flea Market. A vendor has
car deodorants, chemicals and cleaning
solvents for sale in unmarked water bottles. The vendor said he does not sell
pesticides and claims he does not know
anyone who does. He said he does keep

and sell chemicals in water bottles, but argued it is up to parents
to keep these chemicals away
from their children. The Hidalgo
County sheriff disagrees about
vendor responsibility. “We may
be looking at criminal charges, not
only against the adults caring for
the child, but also the individual
that sold the pesticide in a clear,
unmarked water bottle,” he said.
The sheriff compared it to a
loaded gun. The message of the
danger of chemicals inside im-

properly labeled bottles is going
statewide. State and county health
officials, the Texas Department of
Agriculture, and the Hidalgo
County Sheriff’s Department are
going after vendors who sell
chemicals, especially those pouring pesticides into regular water
bottles. Source: http://
www.krgv.com/news/local/story/
Officials-Warn-About-KeepingChemicals-in-Regular/
hROGgwV8f0Csi3SCNhoPmw.cspx

Page 10

GATEKEEPER

Chemical levels high after Buffalo industrial
fire:
Buffalo News – (New York)
Chemical levels high after
Buffalo industrial fire. Testing of air samples taken near
the site of a day-long fire July
13 at the Niagara Lubricant
plant in Buffalo, New York's
Black Rock neighborhood
revealed high levels of benzene, a carcinogenic compound, according to the executive director of the Clean
Air Coalition of Western New
York. She said her group,
which took the air samples
from about 6 blocks away on
Amherst Street, received the

results of testing July 25. "The
levels were very high," she
said, following a meeting July
25 with residents in the city's
Black Rock and Riverside
neighborhoods. According to
the U.S. Environmental Protection Agency (EPA), "benzene is
safe at nine parts per million,
but our tests show that, on the
day of the fire, it was at 100
parts per million." That and the
compound toluene were also
above EPA guidelines for shortterm exposure, the executive
director of the coalition noted.
She said the results of the test-

ing also found a number of compounds that while not over EPA
guidelines, are known to magnify
the effects of benzene. One of
them is xylene, a clear, often colorless flammable liquid. "The
good news is that none of them
tested high enough to not be reversable, though the benzene
[levels were] high enough to
cause short-term health effects, "
the executive director said.
Source: http://
www.firehouse.com/news/topheadlines/chemical-levels-highafter-ny-industrial-fire

"The good news
is that none of
them tested high
enough to not be
reversable,
though the
benzene [levels
were] high
enough to cause
short-term
health effects, "
the executive
director said.

Norwegian killer's Polish chemical supplier faces jail,
report says:
NewsCore – (International) Norwegian killer's Polish chemical supplier faces jail, report says. A Polish
businessman faces up to 8 years in
prison after being charged for selling
chemicals to the self-confessed killer
responsible for the July 22 Norway
massacre, Norway's Dagbladet newspaper reported July 27. The 32-year
old businessman was charged with
public security offenses, and faces
between 6 months and 8 years in
prison, a Polish prosecutor told the

newspaper. The Norwegian suspect
named the Polish man's online
trading business, based in the city
of Wroclaw, in his "manifesto"
detailing his preparations for the
attack, in which 76 people were
killed in a bomb blast in Oslo, and
shooting at a youth camp on Utoya
island. The businessman told
Dagbladet he had no idea that the
massacre suspect intended to use
his chemicals in a bomb. He described the situation as "a night-

mare." Polish authorities denied
reports July 25 that it arrested the
businessman. But the businessman said he was questioned
through the night of July 24 and
into July 25 after armed police
raided his home. Source: http://
www.nypost.com/p/news/
international/
norwegian_killer_polish_chemical_JTC
hKK5PgYHnJPHFC1WPUN

Volume XI, Edition 09

Page 11

State fines Gwinett plant over chemical emissions:
WSB 2 Atlanta – (Georgia) State
fines Gwinett plant over
chemical emissions. The State
of Georgia fined a Lawrenceville, Georgia company because
it pumped too many hazardous
chemicals into the air, WSB 2
Atlanta reported July 28. The
company, Dolco, makes foam
products, such as egg cartons. A

WSB 2 reporter found enforcement orders that
showed it isn’t the first time
the company has faced emissions problems. Earlier in
July, the Georgia Department of Natural Resources
fined Dolco more than
$11,000 for releasing more
than 50 tons of “volatile or-

ganic chemicals” over a 12month period. That violates
the terms of the company's
state permit. According to
online state records, Dolco
violated the terms of its air
quality permit twice before.
In 2003, Dolco paid a $6,000
fine for emissions problems,
and another $11,000 in 2007.

The company also paid a
$13,000 fine in 1999 for
violating state haz-mat
rules. In total, Dolco has
paid the state more than
$41,000 over the last 12
years. Source: http://
www.wsbtv.com/
news/28692468/
detail.html

Secretary Napolitano Announces Proposed Ammonium
Nitrate Security Program:
WASHINGTON—Secretary
of Homeland Security Janet
Napolitano today announced
the publication of the Department of Homeland Security's
(DHS) Notice of Proposed
Rulemaking (NPRM) on the
Federal Register for the creation of the Ammonium Nitrate Security Program—part
of the Department's ongoing
efforts to secure potentially
dangerous chemicals and ensure those chemicals do not
fall into the hands of those
who could cause harm.
"In today's ever-evolving
threat environment, we must
continually reinforce the security of substances, such as
ammonium nitrate, which can
be used for legitimate purposes or exploited by terrorists," said Secretary Napolitano. "Creating the Ammonium Nitrate Security Program is a critical step forward
in our continued efforts to
ensure the security of potentially dangerous amounts of
ammonium nitrate, while still
facilitating legitimate every-

day use."
Ammonium nitrate is primarily used in fertilizers,
first aid products, and regulated commercial explosives in support of the construction and mining industries. However, it has also
been used as a main component in powerful explosives for attacks including
the Oklahoma City bombing, the London bombings,
and other acts of terrorism
around the world.
At the direction of Congress and in consultation
with our federal, state and
local partners, and with
input from members of
industry and the public,
DHS has proposed the Ammonium Nitrate Security
Program to regulate the sale
and transfer of ammonium
nitrate while decreasing the
burden on those who purchase or transfer ammonium nitrate for legitimate
uses.
The proposed Ammonium
Nitrate Security Program

will increase security by
working with domestic purchasers to validate legitimate use. It would also require those selling ammonium nitrate to retain records and report theft or loss
of ammonium nitrate to federal authorities within 24
hours of discovery. DHS
will be responsible for ensuring compliance with
these proposed standards to
ensure public safety and
support legitimate commerce.
In order to address the complexity of the potential regulated community under the
law, DHS conducted a thorough examination of the
impacts on various communities—including farmers,
agricultural retailers and
distributors, landscaping
services, construction and
mining companies, and others—prior to the Department's promulgation of a
final rule.
The proposed program
builds on other DHS efforts

already established to protect
the nation from the potential
misuse of ammonium nitrate.
The Chemical Facility AntiTerrorism Standards Program
regulates the security of highrisk chemical facilities while
the Bomb Making Awareness
Program and the Voluntary
Chemical Assessment Tool
(VCAT) help businesses identify suspicious purchases and
support owners and operators
to assess their facilities' risk.
In cooperation with the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, DHS
has also cosponsored the
"America's Security Begins
With You" Program, which
encourages ammonium nitrate
suppliers to report suspicious
activity. This complements the
National Suspicious Activity
Reporting Initiative, which
provides vendors with the
means to report suspicious
transactions to law enforcement.
For more information, visit
www.dhs.gov.

GATEKEEPER

Page 12

Officials have not solved ‘no response’ problems in Haz Mat
rescue: by George Lauby (North Platte Bulletin)
If a big anhydrous ammonia tank leaks tomorrow, endangering lives and property,
North Platte’s Hazardous Materials handling team hopes
they can respond immediately.
Because it doesn’t always
work that way.
On July 18, deadly anhydrous ammonia gas poured
from a storage tank for nearly
five hours at the Logan
County Coop south of Stapleton.
The leak threatened the
village of Stapleton, four
miles away, as well as traffic
on U.S. Highway 83, which
runs right past the Coop.
Officials quickly closed
the road, but hours passed
before North Platte’s highly
equipped, highly trained and
high paid rescue crew arrived
and stopped the leak, even
though they were only 35
miles away.
Officials blame each other
for the long, dangerous delay.
But now that it’s over,
they have not met to figure

out what all went wrong
and ensure it won’t happen
again.
“Obviously there was a
breakdown in communication,” said Al Berndt, the
Assistant Director of the
Nebraska Emergency Management Agency.
Berndt said North Platte
was overly-cautious.
But North Platte officials said if state authorities
didn’t officially declare an
emergency, North Platte
might have to pick up the
cost, paying in spades.
When the call for help
came, North Platte’s Assistant Chief Dennis Thompson feared that if something
more terrible would happen
at the scene while North
Platte was the lead crew,
North Platte would be liable. So, he waited for the
NEMA to officially confirm the disaster, thereby
agreeing to pay costs from
the Governor’s Emergency
Fund.

Berndt was busy dealing
with the Missouri River
flood in eastern Nebraska
when he got the call, asking
for guidance.

Thompson believes it needs
authorization to go outside the
North Platte Fire District from
the Nebraska Emergency Management Agency.

“I was in a flood meeting in Brownville when I
was notified,” Berndt told
the Bulletin. “I told the office personnel – tell them to
follow the Governor’s guide
for local elected officials, in
the specific section marked
‘Haz Mat Response.’”

“If we go without it, we
put city of North Platte at risk
for assuming expenses,” he
said.

I said, “Follow that
guide,” and I also asked the
question – “If North Platte
has a mutual aid agreement
with Stapleton, why aren’t
they there already?”
In North Platte, Thompson sent a couple men to the
scene, given the mutual aid
agreement with Stapleton,
which he said doesn’t necessarily cover hazardous materials spills.
North Platte’s Haz Mat
unit is one of 10 authorized
state emergency response
teams for such spills, but

Sure enough, the Governor’s guidelines for emergency
payment apparently confirm
Thompson’s fears. It states:
“Self deployment activation of
a state emergency response
team without proper authorization through NEMA will result
in the requesting jurisdiction
funding the response,” the
guide says on page C2.
But Berndt said no one
should have to wait around.
To read the entire article go to:
http://
www.northplattebulletin.com/
index.asp?
show=news&action=readStory
&storyID=21229&pageID=3

TRANSCAER® (Transportation Community Awareness and Emergency Response) is a voluntary national outreach effort
that focuses on assisting communities prepare for and respond to a possible hazardous material transportation incident. TRANSCAER® members consist of volunteer representatives from the chemical manufacturing, transportation, distributor, and emergency response industries, as well as the government. Visit: http://www.transcaer.com/state.aspx for more information.

Volume XI, Edition 09

Page 13

Miami man sentenced to prison for smuggling
ozone-destroying chemicals:
Fort Lauderdale Sun-Sentinel
– (Florida) Miami man sentenced to prison for smuggling ozone-destroying
chemicals. A Miami man was
sentenced to 18 months in
prison for smuggling more
than 600,000 pounds of ozone
-destroying chemicals into the
United States. The 34-yearold set up Lateral Investments
to illegally import hydro-

chlorofluorocarbon-22 into the
United States for sale on the
black market as a refrigerating
gas, according to a news release
from the U.S. Attorney's Office
for the Southern District of
Florida. The chemical depletes
the ozone layer, the section of
the upper atmosphere that
shields the earth from the sun's
ultraviolet rays. Under the
Clean Air Act, which is phasing

out the use of the chemical by
2030, a license is required to import the chemical. Source: http://
articles.sun-sentinel.com/2011-08
-03/news/sfl-miami-mansentenced-to-prison-forsmuggling-ozonedestroyingchemicals-20110803_1_ozonedestroying-chemicals-ozonedepleting-substances-ozone-layer

The chemical
depletes the
ozone layer, the
section of the
upper
atmosphere
that shields the
earth from the
sun's
ultraviolet rays

Del. probing 2 toxic chemical releases:
Associated Press – (Delaware) Del.
probing 2 toxic chemical releases. Environmental officials are investigation
two toxic chemical releases in Delaware
July 25. The Delaware Department of
Natural Resources and Environmental
Control reported the first release hap-

pened July 25 about 2:20 p.m. at
the refinery in Delaware City. A
gas compressor overloaded and
activated a flare compressor,
which flared sulfur dioxide. The
second occurred 2 hours later at
Delmarva Power's substation in

Hockessin. There, used batteries
opened, releasing acid onto the
ground and into the water. Source:
http://www.mysanantonio.com/
news/article/Del-probing-2-toxicchemical-releases-1599862.php

San Marcos firefighters' Hazmat training:
During the last week of July, San Marcos firefighters practiced handling
hazardous materials at the former
Bowie Elementary School.
According to San Marcos Fire Chief
Les Stephens, the hands-on scenario
was intended to help firefighters
"maintain their technical knowledge

and remain proficient at the complex skills required to mitigate incidents" involving hazardous materials.
Firefighters had to determine what
kind of chemical was spilled, set
up a decontamination site, and send
a team into the "hot zone" to con-

tain the spill while wearing all of
their gear in the summer heat.
All 60 members of the department
completed the training; 47 members are trained as Hazardous Materials Technicians and the remaining 13 are trained to the Operations level.

GATEKEEPER

Page 14

Panel to review pesticide use in Arizona:
Associated Press – (Arizona)
Panel to review pesticide use
in Arizona. A new task force
made up of operators of agricultural businesses, pest control
firms and others has been

launched to review Arizona
laws governing pesticide
use. The panel was
launched after legislation
during this year's session of
the Arizona legislature had

called for the review. The
task force faces a December
2012 deadline to finish reviewing current laws and
recommend any changes
that may be needed. Source:

http://www.kpho.com/
story/15215836/panel-toreview-pesticide-use-inarizona

Ethanol-carrying cars derail in southern Minn.;
300 evacuated:
The
railroad
spokesman
said it is
not
immediatel
y clear
what
caused the
derailment

Associated Press –
(Minnesota) Ethanol-carrying
cars derail in southern
Minn.; 300 evacuated. A
spokesman for Canadian Pacific said crews drained ethanol
from three train cars that derailed August 3 in the southern
Minnesota town of Eagle Lake,
and forced about 300 residents
from their homes. A railroad

spokesman said none of the
highly flammable material leaked
from the train cars. He said the
ethanol in the derailed cars was
being pumped into tanker trucks.
Eagle Lake's mayor called the
evacuations a precaution, noting
he expected residents to return to
their homes the night of August
4. Eagle Lake is near Mankato in
Blue Earth County. The railroad

spokesman said it is not immediately clear what caused the derailment. He said Canadian Pacific will
conduct its own investigation in
tandem with a standard federal investigation. Source: http://
www.startribune.com/
local/126811513.html

Overfilled chemical weapons containers being drained:
Tri-City Herald – (Oregon)
Overfilled chemical weapons
containers being drained. The
Umatilla Chemical Depot’s
incineration plant in Hermiston,
Oregon, plans to process nine
“overfilled” ton containers
holding mustard weapon agent
over the next few days. The
Umatilla Chemical Agent Disposal Facility will be taking
special precautions to avoid

spilling chemical weapon
agent in the Bulk Drain
Station room. Overfilled
ton containers were filled to
the brim, making it difficult
to avoid spilling agent
when the container is
punched. The first time an
overfilled ton container was
punched about a year ago,
agent splashed across the
room, forcing extensive

decontamination and clean
up. Since then a splash
shield has been developed to
minimize contamination. Of
the nine remaining overfilled ton containers, the five
weighing less than 2,000
pounds are expected to drain
without issue. But the four
heaviest — ranging from
2,003 to 2,101 pounds —
are expected to present con-

tamination issues that the
splash shield should help
minimize. The last of the
agent stored at the depot is
planned to be destroyed in
November. Source: http://
www.tricityherald.com/2011/08/05/1594057
/depot-overfilled-chemicalweapons.html

Volume XI, Edition 09

Industry Corner

Page 15

EPA Publishes Chemical Data Reporting Rule:
EPA is increasing the type and
amount of information it collects
on commercial chemicals from
chemical manufacturers, allowing the Agency to better identify
and manage potential risks to
Americans’ health and the environment. The improved rule,
known as the chemical data reporting Rule (CDR), also requires that companies submit the
information electronically to
EPA, rather than on paper, and
limits confidentiality claims by
companies. The changes are part
of EPA Administrator Lisa Jackson’s commitment to strengthen
EPA’s chemical management
program and increase the transparency of critical information
on chemicals.
“Collecting this critical informa-

tion on widely used chemicals will enable EPA to more
effectively identify and address potential chemical
risks,” said Steve Owens,
assistant administrator for
EPA’s Office of Chemical
Safety and Pollution Prevention. “The new electronic
reporting requirement and
limits on confidentiality
claims also will bring EPA’s
data collection effort into the
21st Century and give the
American people greater
access to a wider range of
information on chemicals to
which their children and
families are exposed every
day.”

The CDR Rule, which falls
under the Toxic Substances
Control Act Inventory Update Rule (IUR), requires
more frequent reporting of
critical information on
chemicals and requires the
submission of new and updated information relating to
potential chemical exposures, current production
volume, manufacturing siterelated data, and processing
and use-related data for a
larger number of chemicals.
The improved information
will allow EPA to better
identify and manage risks
associated with chemicals.

EPA is requiring companies
to submit the information
through the Internet, using
EPA’s electronic reporting
tool. On-line reporting will
improve both data quality
and EPA’s ability to use the
data, as well as make it
more accessible to the public.
Companies will be required
to start following the new
reporting requirements in
the next data submission
period, which will occur
February 1, 2012 to June 30,
2012.

U.S. Department of Labor's OSHA cites Enterprise
Products Transportation in Freeport, Texas, following
worker fatality:
U.S. Department of Labor –
(Texas) U.S. Department of
Labor's OSHA cites Enterprise Products Transportation
in Freeport, Texas, following
worker fatality. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) cited Freeport, Texas-based Enterprise
Products Transportation Co. for
29 serious and three other-thanserious violations following a
fatality that occurred at the facility's tank wash operation in

Freeport. The OSHA's
Houston South Area Office
initiated a safety and health
inspection February 9 at the
company's facility on South
Gulf Boulevard after receiving a report a worker
had been found, unresponsive, inside a tank trailer
that was being prepared to
be washed. The employee
was removed from the tank
trailer by a coworker, but
later died. The serious violations include failing to

install and maintain fall protection equipment; provide
safe access to work platforms;
develop energy control procedures and utilize them during
maintenance activities; provide the required respiratory
protection for employees performing tank wash work; provide training on the use of
powered industrial trucks; and
ensure that chemicals were
safely stored. A serious violation occurs when there is substantial probability that death

or serious physical harm
could result from a hazard
about which the employer
knew or should have
known. Proposed penalties
total $160,000. Source:
http://www.osha.gov/pls/
oshaweb/
owadisp.show_document?
p_table=NEWS_RELEAS
ES&p_id=20433

GATEKEEPER

Page 16

DOT Revises Hazardous Materials Regulations:
In the July 20 Federal Register,
the Department of Transportation’s Pipeline and Hazardous
Material Safety Administration
(PHMSA) issued final amendments the Hazardous Materials
Regulations to make to update
and clarify certain regulatory
requirements. According to
PHMSA, these amendments are
intended to promote safer transportation practices, eliminate
unnecessary regulatory requirements, finalize outstanding petitions for rulemaking, facilitate
international commerce, and
simplify the regulations.
PHMSA indicated in the rule
that it anticipates that the
amendments contained in this
rule will generate economic
benefits to the regulated community.
The following changes become
effective on August 19, 2011,
however voluntary compliance
before that date is authorized by
the rule:
• Update incorporations by
reference of industry consensus
standards issued by the Aluminum Association, the American
Society for Testing and Materials, and the Institute of Makers
of Explosives (see 49 CFR
173.63 and 177.835).
• Add a requirement for each
applicant to a special permit
under 49 CFR 107.105,

107.107, and 107.109 to
identify their role as a shipper (offeror), carrier, or
both.
• Revise the definition of
“person” to include those
who manufacture, test, repair, and recondition packages (see 49 CFR 171.8).
• Revise the Hazardous
Materials Table (HMT) to
harmonize certain entries
with international standards
(see 49 CFR 172.101) by
adding and revising certain
proper shipping names.
Most significantly, a new
entry, “Formaldehyde solutions (with not less than
10% and less than 25%
formaldehyde)” was added
to clarify requirements applicable to formaldehyde
and formalin with less than
10% formaldehyde; revise
the entry for
“Environmentally hazardous substances, liquid,
n.o.s.” to provide packaging exceptions for certain
materials that are assigned
to UN3082; and adding a
new special provision 176
to 49 CFR 172.102 to clarify the differences between
Class 3 and Class 9 formaldehyde solutions.
• Add a new italicized
entry to the HMT for
“Permeation devices” refer-

encing a new 49 CFR
173.175 applicable to permeation devices to provide
an exception for permeation
devices containing hazardous materials. Permeation
devices are used for calibrating air quality monitoring devices for consistency.
This change would harmonize the HMR with the current exception in the international regulations for
these devices.
• Update and clarify various hazard communication
requirements including: Class 9 label specifications; placard size; IBC
markings; and Division 6.2
labels.
• Authorize the use of an
alternative bend test for
DOT 3AA and DOT 3AAX
steel cylinders.
• Revise 49 CFR 178.71
to authorize the use of either
a proof pressure test or volumetric expansion test as
described in the ISO 7866
and 9809 standards.
• Revise 49 CFR 171.14
transitional provisions to
remove expired transitional
provisions and incorporate
certain transitional provisions into the specific sections of the HMR.
• Revise provisions in 49

CFR 173.56(j) to further clarify the use of the American
Pyrotechnics Association
(APA) standard for classifying and approving fireworks.
• Revise 49 CFR 172.404
to provide a labeling exception for consolidation bins
used to transport hazardous
materials by motor carrier.
• Revise 49 CFR
178.345.1 to allow vapors to
escape through a vent or
drain.
• Revise 49 CFR 178.320
cargo tank wall definition.
• Revise 49 CFR 178.3471 to clarify that a cargo tank
motor vehicle with a Maximum Allowable Working
Pressure (MAWP) greater
than 35 psig or designed to
be loaded by vacuum must be
constructed and certified in
accordance with the ASME
Code.
Revise 49 CFR 178.347-4 to
make a clear distinction between “designed to be loaded
by vacuum” and “built to
withstand full vacuum.”
Learn more about how to
comply with the latest hazardous materials regulations
by attending Environmental
Resource Center’s DOT Hazardous Materials training.

Governor's Tribal Community Outreach:
Visit: http://azgovernor.gov/eop/TribalOutreach.asp for agency contact information.
Tribal Program Link:
http://www.epa.gov/region09/indian

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

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

Volume XI, Edition 09

Eight Tips for Chemical Safety:
These tips allow laboratories to
maintain effective chemical hygiene
plans that will minimize spills,
leaks, and potentially harmful
chemical exposures.
Chemical hygiene plans are written
documents that outline the hazards
present in a laboratory and explain
the processes, protocols, tools, and
equipment that are available to help
workers guard against those hazards.
Like many safety plans, chemical
hygiene plans are living documents
that need to be reviewed and updated
often.
Although plans are often specific to
each laboratory, its chemicals, and
its processes, OSHA does specify
certain elements that must be contained within the plan. The following
tips can help minimize chemical
exposure in laboratories, round out a
chemical hygiene plan, and promote
worker safety.
Use General SOPs
Each chemical has a unique set of
hazards and needs to be handled
properly to ensure worker safety.
However, for laboratories that handle a wide variety of chemicals,
establishing a separate protocol for
each chemical complicates training
and increases the likelihood of mishandling and exposure.
A standard operating procedure
(SOP) that addresses the use of correct personal protective equipment,
safe handling, safe use, and proper
disposal can cover all chemicals in a
laboratory. Flip charts, signs, or
other literature can then be used to
remind workers of specific chemical
hazards.
Air Flow
Air quality can quickly become compromised in laboratories, making
ventilation an important factor in
minimizing exposure. When determining whether the local exhaust
system is adequate, a good rule of
thumb is that the system should be
capable of at least eight to 10 air
changeouts per hour when the space
is occupied.
In addition to the general exhaust
system for the laboratory, exhaust
hoods are another tool to increase
safety. The National Research Council's Prudent Practices for Handling

Hazardous Chemicals in Laboratories recommends "2.5 linear feet
of hood space per person should
be provided for every 2 workers if
they spend most of their time
working with chemicals. Each
hood should have a continuous
monitoring device to allow convenient confirmation of adequate
hood performance before use."
Housekeeping
Keeping floors clean and dry will
help prevent slip and fall injuries - the third-leading cause of worker
injury and lost work time. Stocking absorbent mat pads and wipers
in spill-prone locations helps employees clean up spills quickly, so
the chance of a slip-and-fall incident is reduced and exposure is
minimized. Providing a proper
receptacle for spent cleanup materials also helps to minimize exposure.
Cleaning work surfaces throughout the day keeps work spaces
uncluttered, decreasing the likelihood of reactions and spills due to
counter space being overcrowded.
Likewise, storing excess chemicals on countertops should be
discouraged so workers will have
adequate space to perform their
duties properly.
Waste disposal procedures should
also be established, with wastes
being removed from labs to a
central storage area on a regular
basis. Workers should be taught
not to pour liquids down drains or
use hoods to get rid of volatile
chemicals.

Page 17

By Karen D. Hamel
Establish a plan for new chemicals. Before a chemical enters a
lab, have a plan for properly handling, storing, and disposing of it.
Tools
Using damaged glassware can be
just as dangerous as using the
wrong chemicals. It doesn't take
much for a hairline crack to fail
and create a spill. Using containment trays will help to control the
mess, but avoiding it in the first
place helps save time and money
and minimizes exposure.
Checking glassware and equipment prior to each use should be
part of the SOP. Workers also
should know how to properly
handle, tag, or discard of any
article that is damaged so it is not
reused or put back into service
until it has been repaired.
Spill Response
Even seasoned technicians can
spill chemicals occasionally, so
it's important to know how to
properly handle spilled chemicals.
Spill response plans should address spill prevention strategies,
containment procedures, proper
ventilation, when to evacuate,
how to obtain medical care, and
reporting requirements. Regular
drills will help to reinforce the
details of response plans.
Having a spill kit readily available
in each laboratory helps trained
workers contain and control a
spill quickly, further helping to
minimize exposure.

Storeroom Safety
A well-organized stockroom promotes safety and is more efficient.
Putting one person in charge of
the stockroom can help to facilitate proper organization and storage within the area. This person
may also help to ensure that
proper inventory levels are kept,
duplicate orders aren't being
placed, and expired chemicals are
disposed of properly.

Safety Equipment
Signs and container labels reinforce safety and serve as a constant reminder of specific handling, use, and disposal procedures. It is equally important to
properly maintain eyewash stations, drench showers, fire extinguishers, and first aid kits so that
workers who are exposed to
chemicals can quickly access
these tools in an emergency to
lessen the effects of their exposure.

Even when storage space is at a
premium, segregating incompatible chemicals in storerooms and
providing containment for shelves
are both important factors for
worker safety.

Training
Having a chemical hygiene plan
and making sure that workers
understand the plan and how it
helps them to avoid exposure to

hazardous chemicals are essential
requirements of OSHA's laboratory standard.
Training is required for all workers prior to their assignment in a
laboratory, but education should
not stop there. An annual presentation may not be enough to reinforce safety; training should be a
regular activity that addresses the
many different aspects of avoiding exposure.
Workers should know:
the location of the chemical
hygiene plan
the location of MSDS and other
educational literature
how personal protective equipment is selected, its location, how to use each
piece properly, and how to
determine when it needs
to be replaced
the hazards presented by each
chemical and procedure in
the laboratory
how to handle chemicals properly to avoid exposure
how to label containers correctly
proper laboratory hygiene and
conduct, such as never
eating, drinking, or chewing gum in a laboratory;
confining loose hair and
clothing; and avoiding
horseplay and practical
jokes
how to use the "buddy system"
to avoid working alone
how to evaluate the procedure
or process they'll be performing so that they take
only the amount of chemicals necessary for the job
they're doing
how to handle waste materials
Although each laboratory comes
with its own set of unique challenges, addressing known hazards
and planning for anticipated ones
will help to minimize chemical
exposure and ensure a safer workplace for everyone.
This article originally appeared in
the August 2011 issue of Occupational Health & Safety.

The following emails are coming back as non deliverable. If any of you out there have
updated contact information for these, please contact the Arizona Emergency
Response Commission so we can continue providing the newsletter. Help us keep our
listing accurate and up to date.
ljnarducci@bryancave.com

LMGuzman@lcsc.edu

GIANT5@EARTHLINK.NET

ecordes@jcfd1.org

jdavison@ci.flagstaff.az.us

mabalse@mckinleypaper.com

allen.harry@epa.gov

SGlenn@Monierlifetile.com

Thomas.Hammond@aam.com

gme-eng@mindspring.com

James@fnfinc.com

Mike.cornell@oak.doe.gov

john.cissell@am.joneslanglasalle.c
om

PJespersen@NA2.US.ML.com

hesi@cox.net

crfpd@outlawnet.COM

Arcilio.Pinto@Oldcastleapg.com

Gilbert.Polacio@alcoa.com

rdiaz@scfaz.com

tontom@comcast.net

bhaney@recycleamerica.com

nfranklin@azdisabilitylaw.org

David.R.Jones@state.or.us

dennis.a.gilmore@conocophillips.com

jreagan@sppc.com

moore.david@epa.gov

Christopher.K.Kirby@state.or.us

yurkj@cox.net

jose.martinez@uap.com

moore.david@epamail.epa.gov

HunterJ10@cableone.net

xaviermorales@cox.net

Martin.Littlefield@usdoj.gov

allen.harry@epamail.epa.gov

daveh@co.island.wa.us

Rogerwc43@cox.net

TedHolm@VistarVSA.com

tchristmas@FtMcDowell.org

cthayer@co.stevens.wa.us

flightmedic@cox.net

scowboy@cnetco.com

thatcherfire@graham.az.gov

anmark@insightbb.com

Reddick.keith@epa.gov

bododiehn@cybertrails.com

nsmith@hasainc.com

wgillespie@mooretown.org

Kozak.Van@epamail.epa.gov

rble455589@EARTHLINK.NET

mcarman@jcfd1.org

llizer@navajo.org

UPCOMING EVENTS:
• September 13-15 2011 - Phoenix, AZ;
Water and Wastewater Infrastructure
Operation, Maintenance, and Management Training for Tribal Operators and
Leaders for more information contact:
Sara Ziff, 415-972-3536,
ziff.sara@epa.gov or Erskine Benjamin, 415-972-3561, benjamin.erskine@epa.gov
• October 25-26, 2011 - Phoenix, AZ;
The Arizona Divsion of Emergency

Management (ADEM) invites you to
the upcoming ADEM/FEMA Tribal
Conference. We are coordinating
with FEMA Region IX to provide
essential information and important
legislative/policy updates relevant to
the tribes and counties in Arizona.
In addition to your attendance, a letter
to your tribal leaders and county leaders will be sent out next week inviting
them to the conference to take part in
our executive session. We are anticipating attendees from tribal and

county representatives throughout Arizona. ADEM and FEMA
look forward to this opportunity
and look forward to seeing you
all there.
R.S.V.P. before October 7, 2011
by contacting
Joshua Allan, Tribal Liaison,
ADEM
Phone: 602-464-6516
Cell: 602-618-6467
Fax: 602-464-6501
Joshua.Allan@azdema.gov

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.

COMMISSIONERS:

ARIZONA EMERGENCY RESPONSE COMMISSION
5636 E. MCDOWELL ROAD
PHOENIX, AZ 85008-3495
PHONE: (602) 464-6346
FAX:
(602) 464-6519

Visit us on the web:www.azserc.org
AZSERC STAFF
Mark Howard

Executive Director

Roger Soden

HAZMAT Program
Coordinator

Paul Culberson

Sylvia Castillo

Will Humble

ADHS Acting Director

Henry Darwin

ADEQ Director

John Halikowski

ADOT Director

Robert Halliday

ADPS Director

DESIGNEES:
Mark Howard

ADEM

Don Herrington

ADHS

Veronica Garcia

ADEQ

David Denlinger

ADPS

Sonya Herrera

ADOT

ADVISORY COMMITTEE:
Corporation Commission

- Tom Whitmer

Industrial Commission

- Darin Perkins

Admin Asst III

State Mine Inspector

- Joe Hart

State Fire Marshal

- Bob Barger

Radiation Regulatory Agency

- Aubrey Godwin

Department of Agriculture

- Jack Peterson

our Organization

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 supports community, industry and government and academia
in: planning, release and incident
reporting, data management guidance for inventory reporting, public
disclosure of information about hazardous chemicals in Arizona as well
as development of training and outreach programs.
The Commission supports individual agency goals and objectives.

ADEM Director (Chair)

Web Portal/
Technology
Coordinator

Chrissy McCullough Admin Asst III

About

Lou Trammell

This is accomplished through the
receipt and coordination of emergency notifications of chemical releases, collection and provision of
chemical inventory information to
interested parties, training and grants
programs.
Additionally, the AZSERC provides consultative 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 emergency preparedness
and planning activities and information through coordination with federal, tribal, state, local governments,
industry and community interest

Arizona Fire Chiefs Association
-Mesa FD

- Brady Leffler

-Yuma FD

- Jack McArthur

Asst. State Attorney General

- Jeffrey Cantrell

Rural Metro

- Joseph Gibson

Intel Corporation

- Randy Holmes

APS

- Monica Ray

Private Sector

- Vacant

GATEKEEPER NEWSLETTER:
MARK HOWARD – EDITOR IN CHIEF
CHRISSY MCCULLOUGH - EDITOR