Volume XII, Edition 12

December 1, 2012

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:
U.S. EPA, DoD
Northern Command
Providing Hazardous
Material Response
Equipment to Border
Towns:

3

EPA Could Regulate
Drilling Waste:

4

What EPA Means by
'Waters of the United
States':

6

U.S. Navy settles
hazardous waste violations at its Patuxent
River Naval Air Station:

8

DOT to Revise Hazardous Materials
Regulations:

10

US FMCSA has issued an NPRM proposing amendments:

12

On-Site Accumulation
and Following the
Academic Laboratory
Rule:

14

EPA Fellowships Awarded to 25 Ariz.,
Calif., Nev. Students:
$5.3 Million Awarded Nationwide for Environmental Studies
SAN FRANCISCO – The U.S.
Environmental Protection
Agency recently awarded academic fellowships, as part of its
Greater Research Opportunities
(GRO) and Science to Achieve
Results (STAR) programs, to six
undergraduate and 19 graduate
students in Arizona, California,
and Nevada pursuing degrees in
environmental studies.
These 25 fellowships, worth up
to nearly $2.5 million, are among
33 GRO and 69 STAR fellowships awarded nationally to encourage leadership in the nation’s environmental science,
research, restoration, pollution
prevention and sustainability
efforts. In total, $5.3 million
was awarded across the country
for both fellowship programs as
part of EPA’s Science, Technology, Engineering and Mathematics education program.
“EPA is proud to support some

of the most outstanding
young thinkers in the environmental field,” said Jared
Blumenfeld, EPA’s Regional
Administrator for the Pacific
Southwest. “Investing in the
development of our students
will better equip us as a society to tackle the environmental challenges facing us
and future generations.”
“These fellowship awards
enable undergraduate and
graduate students all over the
country to pursue research
and education opportunities
that would otherwise be beyond their means,” said Dr.
Jim Johnson, Director of
EPA's National Center for
Environmental Research.
“Many of the fellowship
opportunities springboard
aspiring scientists and engineers into careers in environmental protection.”
Celebrating its 30th anniversary this year, the GRO fel-

lowship program encourages
promising undergraduate
students to pursue careers in
environmental fields and to
continue their education beyond the baccalaureate level.
Supporting graduate environmental study for masters and
doctoral students, the STAR
fellowship program provides
resources for students performing new environmental
research in engineering and
in the physical, biological,
health, and social sciences.
Applications for the fiscal
2013 GRO Program and
STAR fellowships are currently open and applicants
have until November 27,
2012 to apply.
For more information on the
GRO program and STAR
fellowships, visit: http://
epa.gov/ncer/fellow/

EPA has just released 2011 TRI data:
http://iaspub.epa.gov/triexplorer/release_maps?
p_view=STGO&trilib=TRIQ1&sort=_VIEW_&sort_fmt=1&state=08&county=All+counties&ch
emical=_ALL_&industry=ALL&year=2011&tab_rpt=1&fld=RE_TOLBY&mapit=1

GATEKEEPER

Page 2

9th Annual Gatekeeper Regulatory Roundup
SAVE - THE - DATE
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Emissions, Groundwater Plume Delineation, Pillars of Sustainability, NSR Rule Revisions, Preparing for EPCRA and CAA
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Sponsorship opportunities are available at the following levels:
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For Sponsors and Exhibitors

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Sponsorship Coordinator:

Exhibitor Coordinator:

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FAX (602) 916-1500

(480) 433-6718

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mford@polsinelli.com

ladams2@republicservices.com

nnesky@itsi.com
Website: www.epaz.org

Volume XII, Edition 12

EPA Corner

Page 3

U.S. EPA, DoD Northern Command Providing Hazardous
Material Response Equipment to Border Towns:
Final phase of program providing equipment, training to Nogales and Agua Prieta
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) and the
Department of Defense U.S. Northern
Command (NORTHCOM) are providing
emergency response equipment to local
fire departments in the Mexican border
cities of Nogales, Sonora and Agua Prieta,
Sonora to further build capacity to respond
to hazardous material incidents along the
border.
The equipment was transferred at a ceremony in Nogales, Sonora on November 7,
2012. The mayor of the city, representatives of the U.S. and Mexico Consulates,
Mexico’s Federal Environmental Enforcement Agency (PROFEPA), Mexico federal and state police, and the recipient fire
departments were in attendance. A showcase of the equipment followed the ceremony.
“This hazmat gear is essential for our sister cities across the border,” said Jared
Blumenfeld, EPA’s Pacific Southwest
Regional Administrator. “These tools will

better enable us to jointly respond
to a future environmental emergency along the Arizona/Sonora
border.”
“The U.S. Consulate General in
Nogales is very pleased to coordinate with NORTHCOM and facilitate this transfer of needed
hazmat equipment,” said Deputy
Principal Officer Megan Phanuef.
“This is just one of many ways
that our federal, state, and local
governments work together to
improve the quality of life for
communities on both sides of the
border.”
The equipment provided to the
Agua Prieta and Nogales Fire Departments include protective suits,
self-contained breathing masks,
chemical testing kits, and tools
necessary to respond to hazardous
material spills. Previous recipients
of equipment and training in the
California/Baja California and

Arizona/Sonora border include the
Mexican cities of Tijuana, Calexico,
and San Luis Rio Colorado.
Enhancing the ability of cities on both
sides of the border to respond to hazardous material incidents is a high priority under the binational border environment program (referred to as Border 2012) and was implemented under
a 2008 EPA/NORTHCOM Memorandum of Agreement. The new binational
border environment program, Border
2020, builds on these efforts by emphasizing regional and locally-driven
approaches for decision making, priority setting, and project implementation
to address the environmental and public health problems in the border region.
For more information on this program
please visit: http://www.epa.gov/
border2020/index.html

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

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.

GATEKEEPER

Page 4

EPA Could Regulate Drilling Waste:
In a new report, the Government Accountability Office
(GAO) is suggesting that EPA
should, with Congressional
approval, begin to regulate
drilling wastes, which are currently exempt under the Resource Conservation & Recovery Act (RCRA), under a
“wastestream by wastestream”
approach. In its October 9 report on EPA’s authority to
oversee hydraulic fracturing,
“Unconventional Oil and Gas
Development: Key Environmental and Public Health Re-

quirements,” the GAO says
EPA could address environmental groups’ concerns
about the increasing toxicity
and volumes of drilling
wastes by revisiting its 1988
finding that these wastes need
not be regulated. The report
says that if EPA were to repeal or narrow the current
RCRA exemption for drilling
wastes as environmentalists
are seeking, it would not subject all drilling wastes to
blanket hazardous waste
regulation under RCRA sub-

title C, but the agency would
have to determine on a caseby-case basis which byproducts meet the characteristics
of hazardous waste, such as
ignitability, corrosivity, reactivity, and toxicity.
“Should the exemption be
lifted, not all exploration
and production wastes
would necessarily be hazardous,” GAO says.
“Rather, whether particular
exploration and production
wastes would be hazardous

and subject to regulation
would depend on whether
those particular wastes
meet the regulatory definition of hazardous (i.e., are
a listed waste or exhibit a
characteristic of hazardous
waste),” the report says.
However, GAO warned
that “under the key RCRA
provision, the regulations
would not become effective until authorized by
Congressional action.”

U.S. EPA Reaches $2 Million Settlement with
290 Parties to Further Clean Santa Barbara
County Toxic Dump Site:
Casmalia facility collected
more than 5 billion pounds of
waste
SAN FRANCISCO – The
U.S. Environmental Protection Agency today announced
a $2 million settlement with
290 small parties, called de
minimis parties, for the Casmalia Resources Superfund
Site (CRSS). It is a former
hazardous waste disposal facility that accepted approximately 5.6 billion pounds of
waste from nearly 10,000
generators between 1973 and
1989.
This is the ninth in a series of
de minimis settlements at the
site. CRSS is located approximately 10 miles southwest of
the City of Santa Maria in
Santa Barbara County. To
date more than $110 million
has been collected toward
cleanup from generators of
hazardous waste disposed at

the site and from the site’s former owner-operators.
The settlement requires the 290
parties to pay their share of the
estimated $284 million total
cost of cleaning up the site and
resolves their liability for the
more than 23 million pounds of
waste they collectively sent to
CRSS. EPA will collect a total
of over $2 million in response
costs, equating to approximately nine cents per pound of
waste that the parties sent to the
site. This settlement also resolves the parties’ liability for
potential natural resource damage claims by various government agencies, including claims
for threats to endangered species and other habitats.
EPA assumed the role of the
lead regulatory agency in 1992
after the facility's owners and
operators abandoned efforts to
clean up the site. EPA undertook emergency response action

activities, while concurrently
seeking participation in site work
by former customers of the facility.
The site was placed on the National Priorities List in September
2001. Notice of this proposed
Administrative Settlement Agreement and Order on Consent is
available for a 30-day public
comment period following the
Nov. 20, 2012 publication in the
Federal Register found at website
at www.gpo.gov/fdsys/pkg/FR2012-11-20/html/201228223.htm . The Federal Register
Notice is in Volume 77, issue
number 224 on pages 69620 to
69622. For more information on
the Casmalia Resources Superfund Site, please visit:
www.epa.gov/region9/
casmalia.
Contact:
Michael Ardito,
415-972-3081, ardito.michael@epa.gov

Volume XII, Edition 12

Page 5

Does EPA Listen to Citizen Tips?:
. The answer, of course, is
“Yes.” But how vigorously it
responds to tips is another matter. Each year, the EPA receives
thousands of tips about possible
violations, and the combination
of state agencies receives many
more. But there is little evidence
to suggest that citizen tips are a
major component of enforcement programs. Here's why.
TPrimarily, the average citizen
is not able to identify anything
beyond the most blatant environmental problems. For example, an EPA brochure, Reporting Environmental Regulations,
informs aspiring citizen inspectors that possible signs of an
environmental violation include:
• Strong, offensive, or unusual chemical odors;
• Large numbers of dead
animals, including birds or fish;
• Pipes or valves that bypass
wastewater treatment systems;
• Tank trucks discharging
into drains, manholes, or surface
waters;
• Oily slicks on bodies of
water;
• Corroded, leaking waste
containers; and
Barrels dumped at odd hours in
remote areas.
The EPA will also direct citizens to specific issues. One
Agency webpage provides
forms and other means to report
possible violations of wetland,
hydraulic fracturing, and lead
paint regulations.
Citizen Expertise
Generally, these types of violations or evidence of violations
are associated with entities that
are intentionally disobeying

environmental laws and
regulations. Such entities
certainly exist, but they
constitute a very small percentage of law-abiding
businesses. This does not
comfortably corroborate
with the tens of thousands
of citizen tips fielded by
environmental agencies
each year. In other words,
the much lower number of
tips that result in enforcement actions suggests that
the activities being reported
by most citizens are either
not violations or are not
violations that the agencies
choose to pursue.
There is also some question
about the amount of resources an agency will
commit to a citizen
tip. EPA’s September 2011
Toxic Substances Control
Act Compliance Monitoring Strategy
says: “Inspections based
on tips should constitute a
minor component of the
[EPA] Region’s pro-active
targeting regime, since the
Region can only react to
tips.” That vague statement
suggests that the EPA is
more comfortable committing resources to potential
violations it finds on its
own to those that hinge on
information developed by
those outside the Agency.
Tip Quality
The actual response to a tip
will be based on multiple
factors. The Agency must
first endeavor to determine
the quality of the tip. This
is done by considering the
source of the tip; its timeliness (whether the violation

is ongoing or recent, versus
long ago); the alleged violator (e.g., size, sophistication,
compliance history); and the
nature of corroborating information. The Agency
must then decide whether—
and, if so, how—to gather
additional information about
the alleged violation.
Should a violation be identified, the Agency can take a
wide variety of response
actions, including taking no
action, sending a compliance assistance letter, conducting a document review,
arranging for an inspection
in conjunction with another
scheduled inspection or, in
the most serious cases, conducting an inspection exclusively in response to the
tip. This is a substantial
amount of work, and neither
the EPA nor a state agency
will even begin the process
unless there is solid evidence that the alleged violation is serious and that an
enforcement action will succeed. That is not the typical
response to citizen tips.
Spirit of the Law
Nevertheless, citizens do
play a role in environmental
enforcement and both environmental agencies and the
regulated community must
take them into account. One
reason the EPA and state
agencies invite public tips is
that it is in the spirit of major environmental statutes
that recognize the rights of
citizens to bring lawsuits
against either potential violators or agencies themselves for not implementing
or enforcing the laws.

Also, public understanding of
environmental law and potential violations is generally
growing, and the tools for
sending tips are more sophisticated. In 2011, the EPA reported that it had been referred
by an anonymous tip to a YouTube video of workers engaged in a violation of the
federal lead paint renovation,
repair, and painting rule. That
tip led to a formal enforcement
action against the contracting
company.
In reporting on the case, the
EPA stated: “This case highlights the importance of highquality tips that include the
name, address, and phone
number of the person who
allegedly violated the rule, and
contain details about the violations observed. While every
such tip doesn’t always result
in a formal enforcement action, EPA follows through on
tips to identify if violations
have occurred and if public or
environmental health has been
jeopardized.” [emphasis
added]
The bottom line here is that
citizen tips have always been
and will continue to be a factor
in agency investigations and
enforcement, but are not—
yet—transforming the nature
of environmental enforcement.
Companies can reduce the
chance that citizens will report
something negative about
them by complying with the
law, presenting a clean image,
and responding cooperatively
to complaints they receive
directly from citizens.

Page 6

GATEKEEPER

What EPA Means by 'Waters of the United States':
Section 404 of the CWA defines
the term "waters of the United
States" as it applies to the jurisdictional, i.e., the geographic coverage, limits of the authority of the
Army Corps of Engineers (Corps).
It stipulates the policy, practices,
and procedures to be used in determining the extent of jurisdiction
of the Corps concerning "waters
of the United States." The term as
it refers to the CWA Section 404
means:

• All waters that are currently
used, or were used in the past, or
may be susceptible to use in interstate or foreign commerce, including all waters that are subject to
the ebb and flow of the tide.
• All interstate waters, including interstate wetlands.
•

All other waters, such as intrastate lakes, rivers, streams
(including intermittent streams),
mudflats, sand flats, wetlands,
sloughs, prairie potholes, wet
meadows, playa lakes, or natural
ponds, the use, degradation, or
destruction of which could affect
interstate or foreign commerce,
including any waters:

ο That are or could be used by
interstate or foreign travelers for
recreational or other purposes;
ο From which fish or shellfish
are or could be taken and sold in
interstate or foreign commerce; or

ο

That are or could be used
for industrial purposes by
industries in interstate commerce.

• All impoundments of
waters otherwise defined as
waters of the United States
under the definition.
• Tributaries of previously
listed waters.
•
•

The territorial seas.

Wetlands adjacent to
previously listed waters.
•The term "adjacent" means
bordering, contiguous, or
neighboring. Wetlands separated from other waters of the
United States by man-made
dikes or barriers, natural river
berms, beach dunes, and the
like are "adjacent wetlands."
Rapanos v. United States
•The term "waters of the
United States" has long been
debated, and the U.S. Supreme Court sought to clarify the definition in Rapanos
v. United States. In this case,
the Court considered the
applicability of CWA permits when wetlands are
separated by man-made
barriers from tributaries or
located next to smaller tributaries that flow into larger
streams, lakes, or rivers used
for navigational purposes.
•After much deliberation, the
Court did not reach a con-

sensus on the scope of Corps
jurisdiction, and did not provide overarching clarity for all
applications. The Court did
suggest that wetlands that have
a substantial hydrologic or
ecological connection to navigable waters would be subject
to federal permits. The Court
developed two tests to determine whether the Corps and
EPA would have jurisdiction
over certain waters that do not
fall in the clear jurisdiction
category of traditional navigable waters.
•The first test limits jurisdiction
to situations where wetlands
are both adjacent to, and have a
continuous surface connection
with, a relatively permanent
body of water connected to
traditional interstate navigable
waters. The second, the
"significant nexus" test, focuses on the relationship between the ecological characteristics of tributaries and those of
their adjacent wetlands, which
may determine their contribution to restoring and maintaining the chemical, physical, and
biological integrity of U.S.
traditional navigable waters.
For purposes of determining
jurisdiction, a wetland is
"adjacent" if it has an unbroken
hydrologic connection to jurisdictional waters, is separated
from those waters by a berm or
similar feature, or it is in rea-

sonably close proximity to a
jurisdictional water.
•The significant nexus analysis is applied on a case-bycase basis. The first step in
the analysis is to determine if
the tributary has any adjacent
wetlands. When there are no
adjacent wetlands, the agency
then assesses the flow characteristics and functions of
the tributary itself, and decides whether it has a significant effect on the chemical
and physical makeup of the
downstream traditional navigable waters. If the tributary
does have adjacent wetlands,
the agencies will examine the
flow and functions of the
tributary along with the functions performed by the adjacent wetlands to evaluate
whether a significant nexus
exists. If it is determined that
a tributary and its adjacent
wetlands together have a
significant nexus with traditional navigable waters and
the effect of the tributary and
adjacent wetlands is more
than speculative or insubstantial, the tributary and its adjacent wetlands fall under the
jurisdiction of the CWA.
•See tomorrow’s Advisor for
information on the jurisdictional assessment of ‘waters
of the United States.’

Tab for chemical cleanup in Slinger reaches $135,000 :
Milwaukee-Wisconsin Journal Sentinel –
(Wisconsin) Tab for chemical cleanup in
Slinger reaches $135,000. Emergency
removal of nearly 9,000 gallons of hazardous chemicals from an abandoned metal
plating factory in Slinger, Wisconsin, cost
about $135,000, a U.S. Environmental
Protection Agency (EPA) official said
November 9. Federal contractors took out
more than 315 barrels, drums, vats, and

large jugs containing chemicals
and metal plating wastes from
Niphos Coatings. Federal contractors in September inventoried
8,868 gallons of hazardous chemicals stored in containers of all
sizes. Two of the chemicals left
behind in the building - nitric acid
and sodium cyanide - are considered extremely hazardous. Now

that the cleanup is completed, an office
of the EPA will determine if the business owner is able to reimburse the
agency - and taxpayers - for any portion of the $135,000 bill, an EPA coordinator said. Source: http://
www.jsonline.com/news/ozwash/tabfor-chemical-cleanup-in-slingerreaches-135000-437ijqu178150591.html

Volume XII, Edition 12

LEPC Corner

Page 7

Recovery Workers Urged to Guard Against Hazards
During Hurricane Sandy:
As residents of New England, New
York, and New Jersey recover from the
impact of Hurricane Sandy, OSHA
urges workers and members of the public engaged in cleanup activities to be
aware of the hazards they might encounter and the necessary steps they
should take to protect themselves.
“Recovery work should not put you in
the recovery room,” said Marthe Kent,
OSHA's New England regional administrator. “Storm recovery work involves
a wide range of safety and health hazards, which can be minimized by
knowledge, safe work practices, and
personal protective equipment. OSHA
wants to make certain that no casualties
result from cleanup operations.”
Cleanup work can involve restoring
electricity, communications, water and
sewer services; demolition activities;
removal of floodwater from structures;
entry into flooded areas; cleaning up

debris; tree trimming; structural,
roadway, bridge, dam and levee
repair; use of cranes, aerial lifts
and other heavy equipment; hazardous waste operations; and emergency response activities.
Inherent hazards may include illness from exposure to contaminated water or food, exposure to
the elements and heat stress,
downed electrical wires, carbon
monoxide and electrical hazards
from portable generators, fall and
struck-by hazards from tree trimming or working at heights, being
caught in unprotected excavations
or confined spaces, burns, lacerations, musculoskeletal injuries,
being struck by traffic or heavy
equipment, and drowning from
being caught in moving water or
while removing water from flooded
structures.

Protective measures should involve
evaluating the work area for all hazards; task-specific hazard exposure
monitoring; utilizing engineering or
work practice controls to mitigate hazards; using personal protective equipment; assuming all power lines are
live; following proper hygiene procedures; using portable generators, saws,
ladders, vehicles and other equipment
correctly; and utilizing proper precautions for traffic work zones.
OSHA maintains a comprehensive
website—http://www.osha.gov/dts/
weather/hurricane/index.html—on
keeping disaster site workers safe during hurricane and storm cleanup and
recovery operations. It contains fact
sheets, concise "quick cards," frequently asked questions, safety and
health guides, and additional information in English and Spanish.

Chemical leak forces hospital evacuation:
Associated Press –
(Nebraska) Chemical leak
forces hospital evacuation.
A Fairbury, Nebraska hospital
was reopened November 10
after being evacuated November 10 because of a chemical
leak. Jefferson Community

Health Center south of Lincoln
was evacuated after a hazardous
-materials unit discovered a
chemical leak in the hospital’s
laundry room. Assisted living
and long-term care tenants were
taken to a nearby church after
the leak of the unidentified

chemical. Four patients were
taken to other health care facilities. Source: http://
www.wowt.com/news/headlines/
Chemical-Leak-Forces-HospitalEvacuation-178456061.html

The 2011 TRI dataset that EPA will use to construct the 2011 TRI National Analysis report is now available. The National
Analysis is planned for publication in December.
http://iaspub.epa.gov/triexplorer/tri_release.chemical

Page 8

GATEKEEPER

Lufkin man fined 50K for disposing of hazardous
waste without a permit:
KTRE 9 Pollock – (Texas) Lufkin
man fined 50K for disposing of
hazardous waste without a permit. A 49-year-old Lufkin, Texas
man was sentenced for disposing of
hazardous wastes without a permit
in the Eastern District of Texas, a
U.S. Attorney announced October
24. The man was also sentenced to
5 years probation with 6 months of
home confinement. The defendant

was the former owner and president of H.O.T. Transport, Inc.
(HOT), a chemical transportation
business which offered commercial
transportation of industrial liquids.
He must also hire an independent
environmental engineering firm
within 4 weeks to determine the
full extent of soil contamination at
HOT’s former business site. The
defendant must also spend up to

$250,000 towards the costs of
cleaning up any contamination left
at the site. Source: http://
www.kltv.com/story/19901871/
lufkin-man-fined-50k-for-disposing
-of-hazardous-waste-without-apermit

U.S. Navy settles hazardous waste violations at its Patuxent
River Naval Air Station:
U.S. Environmental Protection Agency –
(Maryland) U.S. Navy settles hazardous
waste violations at its Patuxent River
Naval Air Station. The U.S. Navy agreed
to pay a $38,500 penalty to settle alleged
hazardous waste violations at the Naval
Air Station in Patuxent River, Maryland.
Following an Environmental Protection
Agency inspection, the Navy was cited for
allegedly failing to: determine whether
waste was hazardous, maintain aisle space

for the movement of personnel
and fire protection equipment,
conduct weekly inspections of
waste containers for leaks and
deterioration, mark each container
with a date and whether it contained hazardous waste, keep hazardous waste containers closed
during storage, and failing to
properly maintain leak detection
and spill prevention equipment on

underground storage tanks. The violations were found in 11 buildings.
Source: http://yosemite.epa.gov/opa/
admpress.nsf/
d0cf6618525a9efb85257359003fb69d/
ea18074afcca14ff85257aa00073288f!
OpenDocument

Volume XII, Edition 12

Page 9

Punctured pipe spills acid next to Corona park:
City News Service – (California)
Punctured pipe spills acid
next to Corona park. A ruptured pipe caused muriatic acid
to spill poolside at a park in
Corona, California, October 25,
leading to a hazardous materials
cleanup and the temporary closure of a building. The leak was
reported around noon adjacent
to the pool at the City Park.
According to a Corona Fire De-

partment spokeswoman, a
pipe connected to a 700gallon drum filled with
muriatic acid was accidentally punctured by a city
employee working at the
location. An unknown
quantity of the chemical,
which is often used in
cleaning solutions, collected next to the pool,
which was closed at the

time, he said, adding that the
city employee got a spot of
acid on his skin but was not
injured. She said two engine
crews and the fire department’s hazardous materials
team — numbering around a
dozen personnel — were
summoned and immediately
contained the minor spill. As
a precaution, authorities requested that children in the

nearby YMCA “shelter in
place” until their parents
could retrieve them, the
spokeswoman said. Source:
http://
www.swrnn.com/2012/10/
25/punctured-pipe-spillsacid-next-to-corona-park/

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

I-20 closed near Florence for possible explosives:
Associated Press – (South Carolina) I-20 closed near Florence
for possible explosives. Authorities said Interstate 20 was
closed in Darlington County,
South Carolina, for several
hours after deputies found half a
dozen containers of a flammable
liquid in the car of an Army

deserter during a traffic
stop. Deputies said they
first found drugs in the car
during the stop November
20 on I-20 westbound about
5 miles west of Interstate
95, but a further search
found a liquid that can be
used in explosives in the

truck. Authorities shut down
the interstate in both directions so a bomb squad could
get rid of what the deputies
discovered. Eastbound lanes
were reopened after about 3
hours. Deputies said the
driver was wanted for leaving
Fort Eustis near Newport

News, Virginia, without
permission. Source: http://
www.myrtlebeachonline.co
m/2012/11/20/3181678/i20-closed-near-florencefor.html

Page 10

GATEKEEPER

DOT to Revise Hazardous Materials Regulations:
The Pipeline and Hazardous Materials Safety Administration is proposing to amend the Hazardous
Materials Regulations to incorporate provisions contained in certain
widely used or longstanding special
permits and certain competent authority approvals (approvals) that
have established safety records.
Special permits allow a company or
individual to package or ship a hazardous material in a manner that
varies from the regulations provided an equivalent level of safety
is maintained. An approval is a
written consent (document) required under an international standard (i.e., International Maritime
Dangerous Goods (IMDG) Code,
International Civil Aviation Organization (ICAO)), or is specifi-

cally provided for in the HMR, and
is issued by the Associate Administrator for Hazardous Materials
Safety. These proposed revisions
are intended to provide wider access to the regulatory flexibility
offered in special permits and approvals and eliminate the need for
numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining
an appropriate level of safety.
The special permits affected by the
proposed rule represent variances
from current regulations for:
Limited quantities of liquids and
solids containing ethyl alcohol
Transportation of solid coal tar
pitch compounds
Transportation of certain ammo-

nia solutions in UN1H1 and
UN6HA1 drums
Transportation of spent bleaching
earth
Requalification of non-DOT
specification cylinders in lifesaving appliances
Use of regulated medical waste
containers displaying alternative markings
Incorporation of Oxygen Generator special permits to harmonize with FAA Modernization
and Reform Act of 2012
This rulemaking will also address
three petitions for rulemaking regarding the continued use of renewal applications for long standing
special permits.

Toxic cloud forces thousands in southeast Texas to stay
indoors:
CNN – (Texas) Toxic cloud forces thousands in southeast Texas to stay indoors. A toxic cloud that formed after 300
gallons of hydrochloric acid leaked at a
southeast Texas storage facility sent nine
people to hospitals and forced thousands
of residents indoors, an emergency management official said October 25. Four
firefighters were among those who were
hospitalized for exposure after a tank ruptured at a storage facility near the Port of
Texas City, a spokesman of the local

emergency management office
said. More than 45,000 residents
of Texas City were ordered to
remain indoors, turn off air conditioning units, and make sure all
windows and doors were closed
until the vapor cloud dissipated.
Officials did not immediately detail what caused the tank to rupture at the Dallas Group of America’s facility near the port. City
officials were working to clean up

the leak, the spokesman told KTRK 13
Houston. None of those exposed to the
chemical cloud sustained lifethreatening injuries, according to
KTRK 13 Houston. Source: http://
www.cnn.com/2012/10/25/us/texaschemical-leak/index.html

Volume XII, Edition 12

Page 11

Chemical spill contained at mustard plant; 3 employees treated for
burns:
KOLR 10 Springfield – (Missouri)
Chemical spill contained at mustard
plant; 3 employees treated for
burns. A chemical spill at the
French’s Mustard plant in northeast
Springfield, Missouri, sent three employees to the hospital October 25. A

report said a pipe burst at the plant, spewing out sodium hydroxide, a cleaning acid,
that may have exposed up to 20 people
inside the building. Three people complained of contact burns or redness after
being exposed to the chemical and were
taken to a local hospital. The spill was con-

tained, but HAZMAT crews remained on
scene to investigate what caused the pipe
burst. Source: http://ozarksfirst.com/
fulltext?nxd_id=719622

Industry Corner
Do You Have An EAP? You Probably Should:
The purpose of an Emergency
Action Plan (EAP) is to facilitate and organize employer and
employee actions, including
evacuations, during a workplace emergency. An employer
(i.e., property owner or occupier) must have an EAP for its
facilities whenever a specific
OSHA standard requires one.
For example, an EAP is required at any facility where
employees are required to
evacuate when a fire alarm is
sounded. Employers at facilities
with fixed extinguishing systems
and fire detection systems must
also develop an EAP.
OSHA strongly recommends
that all businesses have an EAP.
Processes or Activities that
Require EAPs
Facilities or operations regulated under the following OSHA
standards are required to have
written EAPs:
• 1910.119-Process Safety
Management of Highly Hazardous Chemicals
• 1910.157-Portable Fire
Extinguishers (if employees are
not trained in the use of extinguishers and are required to
evacuate)
• 1910.160--Fixed Extin-

guishing Systems, General
• 1910.164--Fire Detection Systems
• 1910.165-Employee
Alarm Systems
• 1910.272--Grain Handling
• 1910.1047-Ethylene
Oxide
• 1910.1050Methylenedianiline
1910.1051-1,3 Butadiene
Emergency Plans for
Unique Operations
There are regulatory requirements to develop written emergency procedures
or plans for a unique type
of workplace or operation.
For example, workplaces
where employees may be
exposed to such specific
hazardous chemicals as
cadmium, benzene, vinyl
chloride, and formaldehyde
must develop written plans
for dealing with emergency
situations involving releases of such substances.
Special operations, such as
operating powered platforms and working in confined spaces, require written plans for handling
emergencies.
EAP for California
Cal/OSHA strongly recom-

mends that all businesses
have an EAP. An EAP must
be in writing, kept in the
workplace, and available to
employees for review. Employers must develop safety
procedures to protect employees from fire and other emergencies that may be reasonably expected to occur in the
workplace.
Facilities with the following
processes, activities, or
chemicals are required by
Cal/OSHA to have written
EAPs:
• Process Safety Management of Highly Hazardous
Chemicals
• Fixed Extinguishing Systems
• Fire Detection Systems
• Grain Handling
• Ethylene Oxide
• Methylenedianiline
• 1,3 Butadiene
See the Cal/OSHA-compliant
EAP template on
Safety.BLR.com to get started.
A Bit About Emergency
Response Training
Every employee needs to
know what he or she is expected to do when an emergency alarm sounds--and further, to do it quickly. For
most employees, the proper

response is simply to
evacuate the work area in a
rapid but orderly manner,
using proper exit routes,
and to assemble in a designated "safe area." However, some employees-OSHA calls them
"evacuation wardens"-should be given the responsibility for making sure that
other employees leave the
area properly and safely.
OSHA recommends one
warden for every 20 employees, and suggests that
they receive specialized
training in:
• Knowing the complete
layout of the building or
work area, including the
various exit routes
• Giving guidance and
instruction to employees
during evacuation
• Knowing how to assist
employees, such as those
with disabilities, who may
need assistance
• Checking all rooms
and enclosed spaces to
make sure that no one is
left behind
See tomorrow’s Advisor
for tips on writing your
EAP.

Page 12

GATEKEEPER

Warning Issued Regarding Unauthorized Compressed Gas
Cylinders:
Investigators from the DOT
Pipeline and Hazardous Material Safety Administration Office of Hazardous Materials
Safety (OHMS) recently conducted a compliance inspection
of George Welding & Supply
Co., Inc. As a result of that inspection, PHMSA has determined that George Welding &
Supply Co., Inc., marked an
unknown number of high pressure compressed gas cylinders
with unauthorized Requalifier
Identification Numbers (RIN).
In addition, the evidence suggests that George Welding &
Supply Co., Inc. marked and
certified an unknown number of
high pressure compressed gas
cylinders as being properly requalified in accordance with the
Hazardous Materials Regulations (HMR) when it had not
conducted the testing prescribed
by the HMR. PHMSA has no

record that George Welding
& Supply Co., Inc., was
ever approved to requalify
DOT-specification cylinders or mark such cylinders
as being requalified.
The evidence suggests that
George Welding & Supply
Co., Inc., used RINs that
were issued by PHMSA to
other companies authorizing cylinder requalification.
Each of the companies with
an authorized RIN has been
granted authority to requalify cylinders under the
terms of the RIN supplied
to them.
A cylinder requalification
consisting of a visual inspection and a hydrostatic
test, conducted as prescribed in the HMR, is used
to verify the structural in-

tegrity of a cylinder. If the
requalification is not performed in accordance with
the HMR, a cylinder with
compromised structural integrity may be inadvertently
returned to service when it
should be condemned. Extensive property damage,
serious personal injury, or
death could result from rupture of a cylinder.
If cylinders have been taken
to or received from George
Welding & Supply Co., Inc.,
between calendar years
2001 through 2012, these
cylinders may not have been
properly tested as prescribed
by the HMR. These cylinders should be considered
unsafe and unauthorized for
the filling of hazardous material, unless and until the
cylinder is first tested prop-

erly by an individual or company authorized to requalify
DOT specification cylinders.
Cylinders described in this
safety advisory that are filled
with an atmospheric gas
should be vented or otherwise
safely discharged. Cylinders
that are filled with a material
other than an atmospheric gas
should not be vented but instead should be safely discharged. Prior to refilling, the
cylinders must be taken to a
DOT-authorized cylinder
requalifier to ensure their
suitability for continued service. A list of authorized requalifiers may be obtained at:
http://www.phmsa.dot.gov/
hazmat/regs/sp-a/approvals/
cylinders

US FMCSA has issued an NPRM proposing
amendments:
US FMCSA has issued an
NPRM proposing amendments that would enable the
agency to suspend or revoke
the operating authority registration of motor carriers that
have shown “egregious disregard” for safety compliance.
The proposals will implement
provisions in SAFETEA-LU,
as amended by MAP-21, and

are designed to “enhance the
safety of commercial motor
vehicle operations” on US highways. The NPRM is a lengthy
and technical document that
will, if adopted, set operational
standards for FMCSA and its
agents. The text of the proposals, with background explanation, can be found in the Federal Register. Comments are

invited by January 14.
Those waiting for delivery of
their new Amendment 36-12 edition of the IMDG Code will have
to cool their heels for a couple of
weeks longer. Publication is now
expected in early December. The
usual suppliers are already taking
orders.

Volume XII, Edition 12

Page 13

Response Criteria for Oil Spill Contingency Plans:
In the event of an oil spill, a
facility's emergency response
plan is activated. Depending on
the nature of the spill, local,
area, or regional plans may
also be put into motion. And for
those rare spills that require a
national response, such as the
2010 Gulf oil spill, the National
Contingency Plan (NCP) is
activated, bringing the collective expertise of various federal
agencies together to contain
and clean up the release or
spill.
The NCP differs somewhat
from the other types of contingency plans in that it provides
the framework for the National
Response System and the way
in which the different levels of
responding organizations coordinate their efforts.
Criteria for the development
and implementation of state,
local, and regional oil removal
contingency plans include defining the authorities, responsibilities, and duties of all persons, organizations, or agencies
involved in planning or directing oil removal operations. Particular care must be made to
clearly define the authorities,
responsibilities, and duties to
avoid unnecessary duplication
of contingency planning activities and to minimize the potential for conflict and confusion
that could be generated in an
emergency situation as a result

of any duplications.
Notification Procedures
Response planning must
include the establishment
of notification procedures
for early detection and
timely notification of oil
discharge, including:
• The identification of
critical water use areas to
facilitate the reporting of
and response to oil discharges
• A current list of names,
telephone numbers, and
addresses of the responsible
persons and alternates on
call to receive notification
of an oil discharge as well
as the names, telephone
numbers, and addresses of
the organizations and agencies to be notified when an
oil discharge is discovered
• Provisions for access
to a reliable communications system for timely
notification of an oil discharge and incorporation in
the communications system
of the capability for interconnection with the communications systems established under related oil
removal contingency plans,
particularly state and national plans
An established, prearranged procedure for requesting assistance during a major disaster or
when the situation ex-

ceeds the response capability of the state, local, or
regional authority
Resource Capability
Spill response provisions
must ensure that full resource capability is known
and can be committed during an oil discharge situation, including:
• The identification and
inventory of applicable
equipment, materials, and
supplies available locally
and regionally
• An estimate of the
equipment, materials, and
supplies which would be
required to remove the anticipated maximum oil discharge
Development of agreements and arrangements
in advance of an oil discharge for the acquisition
of equipment, materials,
and supplies to be used in
responding to a discharge
Response Actions
Planning must include provisions for well-defined and
specific actions to be taken
after discovery and notification of oil discharge, including:
• Specification of an oil
discharge response operating team consisting of
trained, prepared, and available operating personnel.
• Predesignation of a

properly qualified oil discharge
response coordinator who is
charged with the responsibility
and delegated authority for directing and coordinating response operations. The person
must know how to request assistance from federal authorities
operating under existing national and regional contingency
plans.
• A preplanned location for
an oil discharge response operations center and a reliable communications system for directing the coordinated overall response operations.
• Provisions for varying degrees of response effort depending on the severity of the oil
discharge.
• Specification of the order
of priority in which the various
water uses are to be protected
where more than one water use
may be adversely affected and
where response operations may
not be adequate to protect all
uses.
Response provisions must also
include procedures to assist in
recovery of damages and enforcement measures as provided
for by state and local statutes
and ordinances.
(Information from the Environmental Daily Advisor. )

GATEKEEPER

Page 14

New Haven Company Faces Fine for Hazardous Waste
Violations:
Contact Information: David
Deegan, (617) 918-1017
(Boston, Mass. – August 2, 2012)
- A New Haven, Conn. company
that makes door hardware faces a
penalty of $64,495 from the US
Environmental Protection Agency
for violating state and federal
hazardous waste laws.
According to a complaint filed
recently by EPA’s New England
office, the Sargent Manufacturing
Company failed to segregate containers of incompatible hazardous
waste, failed to have an adequate
hazardous waste training program,
failed to close containers of haz-

ardous waste, failed to maintain adequate aisle space between containers of hazardous
waste, failed to mark containers with the date that accumulation of hazardous waste began, failed to update and submit revised contingency plan
to local authorities, and otherwise failed to manage hazardous waste in accordance with
the requirements.
Sargent Manufacturing is
owned by Assa Abloy, a company based in Sweden.
The case stems from a March
2011 inspection by EPA to see

if the company was meeting the
requirements of the federal Resource Conservation and Recovery Act and related state regulations. This federal law is designed to help protect public
health and the environment by
promoting the proper management of hazardous wastes.
Sargent’s failure to segregate
containers of spent hydrochloric
acid and sodium fluoride
prompted significant concern. If
the containers were to break or
leak, the mixing of these incompatible wastes could lead to a
reaction, such as fire or explo-

sion, or the generation of
flammable hydrogen
gas. Sargent’s failure to have
an adequate hazardous waste
training program increased the
likelihood that wastes generated may not be properly managed and that Sargent personnel may not be able to adequately coordinate all emergency response measures in
the event of emergency.
More information : Enforcing
hazardous waste laws in New
England (http://www.epa.gov/
region1/enforcement/waste/
index.html )

On-Site Accumulation and Following the Academic Laboratory
Rule:
Universities and colleges typically generate
small volumes of many different types of hazardous waste, which is why EPA finalized the
Academic Laboratory Rule. Eligible academic entities have the option of complying
with either this rule or with applicable provisions for hazardous waste determination and
satellite accumulation.
At an On-Site Central Accumulation Area
If an eligible academic entity makes the hazardous waste determination at an on-site central accumulation area, all unwanted material
removed from the laboratory must be taken
directly from the laboratory to the on-site
central accumulation area and:

•

The unwanted material becomes subject
to the generator accumulation regulations of
40 CFR 262.34(a) for LQGs or 40 CFR

262.34(d) for SQGs as soon as it arrives in
the central accumulation area, except for the
"hazardous waste" labeling requirements of
40 CFR 262.34(a)(3).
A trained professional must determine if the
unwanted material is a hazardous waste
within 4 calendar days of the unwanted materials' arrival at the on-site central accumulation area.
If the unwanted material is a hazardous
waste, the eligible academic entity must (40
CFR 262.211(e)):

•

Write the words "hazardous waste" on
the container label that is affixed or attached
to the container, within 4 calendar days of
arriving at the on-site central accumulation
area and before the hazardous waste is removed from the on-site central accumulation
area.

•

Write the appropriate hazardous
waste codes on the container label that is
associated with the container (or on the
label that is affixed or attached to the container, if that is preferred) before the hazardous waste is treated or disposed on-site
or transported off-site.

•

Count the hazardous waste toward the
eligible academic entity's generator status,
pursuant to 40 CFR 261.5(c) and (d), in the
calendar month that the hazardous waste
determination was made.
Manage the hazardous waste according to
all applicable hazardous waste regulations.

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

SRP

- Daniel Casiraro

Intel Corporation

- Randy Holmes

APS

- Monica Ray

Private Sector

- David
McWilliams

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