Volume XIII, Edition 8

August 1, 2013

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

Wendy Smith-Reeve, 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:
EPA to List Categorical Non-Waste Fuels:

2

Area evacuated due to
chemical spill; crews
on scene:

4

Wal-Mart's BIG Fine
for No RCRA Training:

How to Classify and Package Regulated
Medical Waste for Ground Transportation
[49 CFR 173.134(a)(ii)(5) and 173.197]:
Regulated medical waste is defined at 49
CFR 173.134(a)(ii)(5) as a waste or
reusable material derived from the medical treatment of an animal or humans,
which includes:

• Diagnosis and immunization, or
Biomedical research, including the production and testing of biological prodWhen Employers Must
Pay for PPE [29 CFR
8 ucts
Regulated medical waste that meets the
1910.132(h)(1)–(7)]:
definition of a Division 6.2 Category A
How to Determine
infectious substance, is classified as
Form A Eligibility for
UN2814 (infectious substances affecting
SARA 313 TRI Re10 humans) or UN2900 (infectious subporting [40 CFR
stances affecting animals) and must be
372.27]:
packaged according to Environmental
Resource Center’s, Reg of the Day™ on
How to Report TransHow to Package Division 6.2 Category
fers Off-site for Recycling and Reuse in
12 A Infectious Substances for Shipments
SARA 313 Form R
by Ground Transportation.
6

Reports [40 CFR 372]:
When and How to
Mark Marine Pollutants [49 CFR 172.322,
IMDG Code 5.2.1.6,
IATA DGR 7.1.6.3]:

Regulated medical waste can be packed
in non-bulk packagings, large packagings, and non-specification bulk outer
14
packages. The requirements for each of
these types of packagings are at 49 CFR
173.197, and are summarized below.
Non-bulk Packagings

• UN standard packagings conforming to Packing Group II
• Constructed of rigid packaging
(fiber, steel, aluminum, non-flexible
plastic)
If used for sharps, the package must be
puncture resistant and closed securely to

prevent leaks or punctures

from cracks, crevices, or defects,
and be disinfected prior to reuse

Large Packagings

• Rigid inner packagings must
not be put in the same BOP with
plastic film bag inner packagings,
unless separated from each other by
rigid barriers or dividers to prevent
damage caused by load shifting
during normal conditions of transportation

•

Authorized packagings include metal (50A, 50B, or 50N) or
rigid plastic (50H)

• If used to transport liquid
regulated medical waste, must
contain absorbent material able to
absorb the entire liquid content if
an unintentional release occurs
Must meet the performance tests
specified for intermediate bulk
containers
Non-Specification Packages

• Either wheeled carts made of
metal, rigid plastic, or fiberglass;
or bulk outer packagings (BOPs)
made of metal or fiberglass may
be used
• Wheeled cart volume must
not exceed 1,655 L (437 gallons)
• Wheeled carts must be fitted
with a lid to prevent leakage and
pass a Packing Group II performance level drop test
• BOPs must have a minimum
capacity of 3.5 cubic meters (123.6
cubic feet) with a maximum capacity no greater than 45 cubic
meters (1,590 cubic feet)
•

Carts and BOPs must be free

• Plastic film bags for solids
must not have a capacity greater
than 175 L (46 gallons)
Liquid materials may not be transported in inner packagings with a
capacity greater than 19 L (5 gallons)
Inner packages placed into
large packages, carts, or BOPs
must be durably marked or
tagged with the name and location (city and state) of the offeror, except when the entire
contents of the large packaging,
cart, or BOP originates at a
single location and is delivered
to a single location.
Learn more about how to properly
ship Division 6.2 hazardous materials by attending Environmental
Resource Center’s Transportation of
Infectious Substances by Ground
and Air webcast.

EPA Corner

Page 2

GATEKEEPER

EPA to List Categorical Non-Waste Fuels:
In EPA’s 2013 Non-Hazardous
Secondary Materials (NHSM)
final rule, the agency established a rulemaking process for
categorical determinations for
adding NHSMs as non-waste
fuels. Combustion sources that
use solid waste fuels are subject
to the CAA Section 129 requirements (i.e., the Commercial and
Industrial Solid Waste Incinera-

tor or CISWI Rule) while
combustion equipment utilizing non-waste fuel are
subject to the CAA Section
112 requirements (i.e.,
Boiler NESHAP). Therefore, these secondary materials, when burned as fuels,
must be properly classified
as either NHSMs as solid
waste or non-waste fuel in

order to determine whether a
combustion unit is subject to a
CAA Section 112 or a CAA
Section 129 regulation.
EPA identified several
NHSMs that it considered to
be good candidates for a categorical listing. Now, the
agency is planning to propose
adding NHSMs to the list of

categorical non-wastes, and
will demonstrate how each
NHSM successfully meets
the criteria listed in 40
CFR 241.4(b)(5). For additional information, contact
Tab Tesnau at 703-6050636 or
Tesnau.Tab@epa.gov.

EPA Reduces Regulatory Burden for Industrial Facilities
Using Solvent Wipes:
Common-sense exclusion will save industry up to $27.8 million per year
WASHINGTON - The U.S. Environmental Protection Agency (EPA) modified
the hazardous waste management regulations under the Resource Conservation and
Recovery Act (RCRA) to conditionally
exclude solvent-contaminated wipes from
hazardous waste regulations provided that
businesses clean or dispose of them properly. The rule is based on EPA’s final
risk analysis, which was peer reviewed in
2008 and published for public comment in
2009, that concluded wipes contaminated
with certain hazardous solvents do not
pose significant risk to human health and
the environment when managed properly. EPA estimates that the final rule will
result in a net savings of between $21.7
million and $27.8 million per year.
Wipes are used in conjunction with solvents for cleaning and other purposes by
tens of thousands of facilities in numerous
industrial sectors, such as printers, automobile repair shops and manufacturers of
automobiles, electronics, furniture and
chemicals.
“Today’s rule uses the latest science to
provide a regulatory framework for managing solvent-contaminated wipes that is

appropriate to the level of risk posed
by these materials,” said Mathy
Stanislaus, assistant administrator for
EPA’s Office of Solid Waste and
Emergency Response. “I’ve heard
directly from stakeholders about the
benefits of this rule and the need to
finalize it. The rule reduces costs for
thousands of businesses, many of
which are small businesses, while
maintaining protection of human
health and the environment.”
Today’s final rule excludes wipes
that are contaminated with solvents
listed as hazardous wastes under
RCRA that are cleaned or disposed of
properly. To be excluded, solventcontaminated wipes must be managed in closed, labeled containers and
cannot contain free liquids when sent
for cleaning or disposal. Additionally, facilities that generate solventcontaminated wipes must comply
with certain recordkeeping requirements and may not accumulate wipes
for longer than 180 days.
EPA estimates that the final rule will
result in a net savings of $18 million
per year in avoided regulatory costs
and between $3.7 million and $9.9

million per year in other expected
benefits, including pollution prevention, waste minimization and fire prevention benefits.
Today’s rule is consistent with President Obama’s Executive Order 13563,
Improving Regulation and Regulatory
Review, which charges federal agencies to monitor regulatory effectiveness and to help make agency regulatory programs more effective or less
burdensome in achieving the regulatory objectives.
EPA first proposed modified regulations for solvent-contaminated wipes
on November 20, 2003, and published
a revised risk assessment for public
comment on October 27, 2009. The
docket for this rulemaking is EPA-HQRCRA-2003-0004 and can be accessed
at http://www.regulations.gov once the
final rule is published.
More information about this rulemaking: http://www.epa.gov/epawaste/
hazard/wastetypes/wasteid/solvents/
wipes.htm

Volume XIII, Edition 8

Page 3

EPA Proposes Changes to UST Regs:
By Nancy W. Teolis, J.D.,
BLR Legal EditorEnvironmental nteolis@blr.com
EPA is proposing significant
rule revisions to the1988 federal
underground storage tank
(USTs) regulations by increasing emphasis on properly operating and maintaining UST
equipment. These revisions include adding secondary containment for new and replaced
tanks and piping, operating
training, inspections and testing, release prevention and detection technologies, as well as
updating codes of practice, and
fuel storage compatibility. In
addition, certain tank deferrals
have been eliminated adding to
the universe of regulated USTs.
The proposed changes, expected
to become final in December
2013, also require states to update their programs with the
increased environmental protections.
The comment period has closed
and EPA is in the process of
meeting with stakeholders and
reviewing comments in preparation of a final rule to be published in late 2013.
Proposed changes include:
• Adding secondary containment requirements for new and
replaced tanks and piping
• Adding operating training
requirements
• Adding periodic operation
and maintenance requirements

for UST systems
• Removing certain tank
deferrals
• Adding new release
prevention and detection
technologies
• Updating codes of
practice
• Updating state program
approval requirements to
incorporate these federal rule changes
Making editorial and
technical corrections
Secondary Containment
The Energy Policy Act of
2005 (EPAct) required
states to implement additional measures to protect
groundwater as a condition
of receiving money from
EPA. The EPA proposes to
implement secondary containment and underdispenser containment
(UDC) to meet this provision. The proposed change
will ensure secondary containment and UDC are required for all new and replaced UST systems across
the country, including those
in Indian country and in
state without additional
measures to protect groundwater requirements.
Federal regulations require
secondary containment and
interstitial monitoring for
hazardous substance tanks
only.

Operator Training
The EPAct required operator
training in states that receive
money from EPA. The proposed change will ensure that
all operators across the country, including those in Indian
country and in states without
operator training requirements, are trained to prevent
releases.
There are no current federal
operator training requirements
~ only EPA guidelines in
compliance with the
EPAct. EPA’s proposed operator training requirements
include:
• Owners and operators
designated at least one individual for each of three
classes of operators. Designated operators must be
trained on minimum defined
areas and may need to be retrained if the UST system is
not in compliance.
• Owners and operators
retain a list of designated operators trained at each facility
and proof of training or retraining.
• EPA adds definitions for
Class A operator, Class B
operator, Class C operator,
and training program.
Implementation of the federal
operator training program
would be phased in over three
years based on tank installation date.
Operation and Maintenance

The 1988 UST regulations required equipment to be in place
to reduce and prevent releases
to the environment. Current
rules require triennial cathodic
protection testing, periodic internal lining inspections, annual
line leak detector testing, and
release detection equipment
operation and maintenance according to manufacturer’s instructions.
The proposed regulations require UST owners and operators to conduct monthly walkthrough inspections which look
at:
• Spill prevention equipment
• Sumps and dispenser cabinets
• Monitoring/observation
wells
• Cathodic protection equipment
Release detection equipment
The proposed rule changes will
ensure owners and operators are
looking regularly at their equipment to catch problems early
and prevent releases.
Resources:
Comparison of 1988 UST
Regulations and Proposed UST
Regulations (October 2011)
(Document 138745)
Federal Register Notice – Proposed UST Regulations
(November 18, 2011)

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.

LEPC Corner

Page 4

GATEKEEPER

Exxon unit to pay $100,000 to resolve alleged Clean Water
Act violation:
Dow Jones Business News –
(National) Exxon unit to pay
$100,000 to resolve alleged
Clean Water Act violation. An
Exxon Mobil Corp. unit reached
a settlement to pay a $100,000

penalty to resolve an alleged violation of the Clean
Water Act and requires
Exxon subsidiary XTO
Energy Inc. to spend $20
million on a plan to im-

prove wastewatermanagement practices after
the discovery of discharge of
wastewater from their facility
in Pennsylvania. Source:
http://www.nasdaq.com/

article/exxon-unit-to-pay100000-to-resolve-allegedclean-water-act-violation20130718-01335

Area evacuated due to chemical spill; crews on scene:
KSL-TV 5 Salt Lake City – (Utah)
Area evacuated due to chemical
spill; crews on scene. Emergency
officials responded to a chemical

leak at Quality Distribution in Salt
Lake City and evacuated a 2,000
foot radius around the facility June

30. Source: http://www.ksl.com/?
sid=25822246&nid=148

HazMat Spill Forces Closure Of I-45, Evacuations At
Baylor Hospital:
NORTH TEXAS
(CBSDFW.COM) - An accident
involving hazardous materials on I45 near Corsicana resulted in the
closure of the interstate and the
temporary evacuation of the emergency room at Baylor Hospital in
Dallas.
All main lanes and the frontage
road lanes on northbound I-45 remain closed, beginning just north
of Business I-45 in Corsicana. Traffic is being diverted around the
accident.
HazMat crews are on-site cleaning
and the road is expected to reopen

around 5 p.m. The southbound
lanes have since reopened and are
moving smoothly.
Texas DPS and HazMat teams are
on site because the chemicals are
considered “flammable and very
toxic,” according to TxDot representative Michelle Releford Master.
CHECK TRAFFIC
The emergency room at Baylor
Hospital was evacuated to accommodate a victim of the crash, who
authorities suspected had been exposed to hazardous materials. Authorities have since confirmed that

the patient was not contaminated
and posed no threat. The emergency
room has since reopened.
The chemical on the crash victim
was later identified as Aluminum
Chlorohydrate – a non-hazardous
chemical used in deodorants and the
water purification process.
Dallas Fire PIO Jason Evans says
the patient was transported by
ground to the hospital. The emergency room was cleared to prevent
any possible cross-contamination
among the patients.

Volume XIII, Edition 8

Page 5

Chemical spill at Danville plant spurs evacuation:
Champaign-Urbana News-Gazette – (Illinois) Chemical spill at Danville plant spurs evacuation. A chemical spill at Chem-Cast
Ltd. in Danville forced the evacuation and shutdown of the plant as well as the evacuation of a preschool at Second Church of Christ
as a safety precaution as firefighters created a berm to contain the liquid that was leaking from a 300-gallon tank. Source: http://
www.news-gazette.com/news/local/2013-06-20/chemical-spill-danville-plant-spurs-evacuation.html

Paint spill sends 6 to hospital in Morrisville:
Employees complained of dizziness,
nausea, chest pains
The effects of a chemical spill at a Morrisville business put six people in the hospital.
A half gallon of high temperature stove
paint, with multiple chemicals in the mixture, spilled at Morrisville’s Hearthstone
Quality Home Heating on Wednesday
morning.
Morristown Police responded to a call at
8:20 a.m. to assist Morristown Fire and
Morristown Rescue at 317 Stafford Avenue, about two hours after the paint
spilled. Until then, employees at Hearthstone were trying to clean up the spill,
Morristown Senior Patrolman Andrew
Glover said.
Those affected reportedly felt light-headed
and nauseous, and several complained of
chest pains, Glover said. Six people were
transported Copley Hospital, and six more

were treated on site. All who were
sent to Copley Hospital have since
been released, but no further details
could be disclosed due to patient privacy policy, said Leah Hollenberger,
vice president of Community Relations at Copley. The investigation has
been turned over to Vermont Occupational Safety and Health Administration (VOSHA), which is procedure when an incident causes three or
more employees are sent the hospital.
There was no damage done to the
business, Hearthstone President
David Kuhfahl said. The spill has
been cleaned up.
Steve Monahan, director of Workers’
Compensation and Safety with the
Department of Labor, said he could
not comment on the investigation but
said that VOSHA will mainly look at
Hearthstone’s compliance with occupational safety and health rules.

According Kuhfahl, Hearthstone employees are trained to deal with hazardous materials and responded accordingly, he said.
“I guess I’m kind of proud on how it
was dealt with internally,” Kuhfahl
said. “Employees go through HazMat
training annually.”
Kuhfahl said Hearthstone won a Gold
Worksite Wellness Award in March
for its safety record — one of the top
safety awards. Hearthstone was one of
seven companies in Vermont recognized by Peter Shumlin for setting a
high standard for worksite wellness.
Kuhfahl said if put into perspective,
half a gallon of paint was “absolutely
nothing.”
“It’s a bunch of noise being made over
nothing,” he said.

Explosion, fire at Voltaix started in chemical tank:
The Morning Call – (Pennsylvania)
Explosion, fire at Voltaix started
in chemical tank. An explosion
and fire caused damage and a
chemical leak at the Voltaix plant

in Upper Mount Bethel Township
June 27. The plant will be closed
for several days. Source: http://
www.mcall.com/news/breaking/mc

-f-upper-mount-bethel-explosion20130628,0,777301.story

Industry Corner

Page 6

GATEKEEPER

Wal-Mart's BIG Fine for No RCRA Training:
.Wal-Mart Stores, Inc., has
pleaded guilty in cases filed in
California to six counts of violating the Clean Water Act by
illegally handling and disposing
of hazardous materials at its
retail stores across the United
States. The Arkansas-based
company also pleaded guilty in
Missouri, to violating the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) by
failing to properly handle pesticides that had been returned by
customers at its stores across
the country.
As a result of the three criminal
cases brought by the Justice
Department, as well as a related
civil case filed by EPA, WalMart will pay approximately
$81.6 million for its unlawful
conduct. Coupled with previous
actions brought by the states of
California and Missouri for the
same conduct, Wal-Mart will
pay a combined total of more
than $110 million to resolve
cases alleging violations of federal and state environmental
laws.
Insufficient RCRA Training
According to documents filed in
U.S. District Court in San Francisco, from a date unknown

until January 2006, WalMart did not have a program in place and failed to
train its employees on
proper hazardous waste
management and disposal
practices at the store level.
As a result, hazardous
wastes were either discarded improperly at the
store level – including being put into municipal trash
bins or, if a liquid, poured
into the local sewer system
– or they were improperly
transported without proper
safety documentation to
one of six product return
centers located throughout
the United States.
“As one of the largest retailers in the United States,
Wal-Mart is responsible not
only for the stock on its
shelves, but also for the
significant amount of hazardous materials that result
from damaged products
returned by customers,”
said Melinda Haag, U.S.
attorney for the Northern
District of California. “The
crimes in these cases stem
from Wal-Mart's failure to
comply with the regulations
designed to ensure the
proper handling, storage,

and disposal of those hazardous materials and waste. With
its guilty plea today, WalMart is in a position to be an
industry leader by ensuring
that not only Wal-Mart, but
all retail stores properly handle their waste.”
Wal-Mart owns more than
4,000 stores nationwide that
sell thousands of products that
are flammable, corrosive,
reactive, toxic or otherwise
hazardous under federal law.
The products that contain
hazardous materials include
pesticides, solvents, detergents, paints, aerosols, and
cleaners. Once discarded,
these products are considered
hazardous waste under federal
law.
Wal-Mart pleaded guilty in
San Francisco to six misdemeanor counts of negligently
violating the Clean Water
Act. The six criminal charges
were filed by the U.S. attorney’s office in Los Angeles
and San Francisco (each office filed three charges), and
the two cases were consolidated in the Northern District
of California, where the guilty
pleas were formally entered
before U.S. Magistrate Judge
Joseph C. Spero. As part of a

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

plea agreement filed in
California, Wal-Mart was
sentenced to pay a $40
million criminal fine and
an additional $20 million
that will fund various community service projects,
including opening a $6
million Retail Compliance
Assistance Center that will
help retail stores across the
nation learn how to properly handle hazardous
waste.
The criminal cases are a
result of investigations
conducted by the FBI and
the EPA, which received
substantial assistance from
the California Department
of Substance and Toxics
Control.
These popular Advisor
articles are chock full of
great required RCRA training information:
RCRA Training Requirements Review
RCRA Training Records
You MUST Keep
RCRA Training Checklist
All Generators Can Use
In that same settlement
agreement, Wal-Mart also
got fined for pesticide violations in Missouri.

Volume XIII, Edition 8

Page 7

How to Mark Limited Quantities Together with Fully
Regulated Materials for Shipment by Ground [49 CFR
172.315(a)]:
When you ship different hazardous materials in the same outer
package, you must communicate the hazards of each of the
hazardous materials in the package in accordance with 49 CFR
172.404(a). This requirement
applies when you ship a material that meets a limited quantity
exception in the same outer
package in which you are shipping a fully regulated hazardous
material.
For example, let’s say you will
ship the following two chemicals in the same outer package:

•

UN1133, Adhesives, 3,
PG III (6 liters)
UN2924, Flammable liquids, corrosive, n.o.s., 3 (8),
PG II (29 ounces)
The adhesives exceed the
limited quantity allowance
of 5 liters, so they are fully
regulated. The flammable
liquids, corrosive, n.o.s.,
qualify under the limited
quantity exception. According to 49 CFR 172.315(a),
all packages containing
limited quantities must display the limited quantity

marking. There are no exceptions for packages that also
contain fully regulated hazardous materials.
The marks and labels required
for the fully regulated material include the hazard class
label, proper shipping name,
UN number, and address of
the consignee or consignor.
The material that qualifies for
the limited quantity exception
only requires the limited
quantity mark. The illustration below shows the packag-

ing marks and labels required on the outer packaging.
Learn more about how to
properly ship hazardous
materials by attending Environmental Resource Center's DOT Hazardous Materials Training: The Complete Course or DOT Hazardous Materials Training:
The Complete Course Webcast.

Hazmat Shipments in IBCs After the IBC’s Retest Date [49
CFR 173.35]:
An intermediate bulk container (IBC) is
a rigid or flexible portable packaging,
other than a cylinder or portable tank,
which is designed for mechanical handling of hazardous materials.
When you ship hazardous materials in
IBCs, you must ensure that the IBCs
have been retested according to the
marked intervals on the container, as
required by 49 CFR 173.35(a).

Occasionally, you may have an IBC that is
filled with product that remains at your site
for a period of time before it is shipped. If
the IBC goes past its retest date before
being shipped, you may wonder if this violates the retesting requirement. The final
sentence of paragraph 49 CFR 173.35(a)
states the requirement does not apply to
any IBC filled prior to the retest or inspection due date.
Therefore, as long as the IBC was filled

before its retest date, it can be shipped
without violating the DOT hazardous
materials regulations.
Learn more about how to ship your hazardous materials properly by attending
Environmental Resource Center's DOT
Hazardous Materials Training: The
Complete Course, the DOT Hazardous
Materials Training: The Complete
Course webcast, or the DOT Hazardous
Materials Update webcast.

GATEKEEPER

Page 8

When Employers Must Pay for PPE [29 CFR 1910.132(h)(1)
–(7)]:
Employers must assess the
workplace to determine if hazards are present or are likely to
be present, which necessitate
the use of personal protective
equipment (PPE) [29 CFR
1910.132(d)]. Employers must
then provide and pay for PPE
that is necessary to protect their
employees on the job [29 CFR
1910.132(h)(1)–(7)].
Examples of PPE employers
must pay for include:
• Metatarsal foot protection
• Rubber boots with steel
toes
• Non-prescription eye protection
• Prescription eyewear inserts or lenses for full-face respirators
• Prescription eyewear inserts or lenses used for welding
and driving helmets

•

Goggles and face
shields
• Fire fighting PPE (e.g.,
helmet, gloves, boots, proximity suits, full gear)
• Hard hats
• Hearing protection
Welding PPE
Employers are not required
to pay for non-specialty
PPE or safety equipment if
the employee is allowed to
wear the equipment off the
job-site. Examples of nonspecialty PPE or safety
equipment an employer is
not required to pay for include:
• Safety-toe protective
footwear (including steeltoe shoes or steel-toe boots)
Ordinary prescription
safety eyewear

Employers are also not required to pay for:
Logging boots required by 29
CFR 1910.266(d)(1)(v)
• Everyday clothing, such
as long-sleeve shirts, long
pants, street shoes, and normal work boots
Ordinary clothing, skin
creams, or other items used
solely for protection from
weather (e.g., winter coats,
jackets, gloves, parkas, rubber
boots, hats, raincoats, ordinary sunglasses, and sunscreen)
Employers must pay for replacement PPE, except when
the employee has lost or intentionally damaged the PPE.
In a case where an employee
provides and owns his or her
protective equipment, although the employer does not

pay for the equipment, the
employer must ensure the
equipment’s adequacy,
proper maintenance, and
sanitation [29 CFR
1910.132(b)].
When the provisions of
another OSHA standard
specify whether or not the
employer must pay for
specific equipment, the
payment provisions of that
standard must be followed.
The PPE payment requirements do not apply to the
agricultural industry.
To learn more about this
and other safety requirements, attend Environmental Resource Center’s
Environmental, Health, and
Safety Laws and Regulations seminar or OSHA
Safety Regulations webcast.

Volume XIII, Edition 8

Page 9

State Variations in the IATA Dangerous Goods Regulations
for Air Shipments [IATA DGR 2.8.1 and 2.8.2]:
Prior to shipping dangerous goods by air,
you must check to see if the states
(countries) you are shipping to, from, or
through have state variations in the International Air Transport Association’s Dangerous Goods Regulations (IATA DGR).
To ensure compliance with the rules and to
avoid legal penalties, you must identify
and follow the state variations that apply
to your shipments.
Sections 2.8.1 and 2.8.2 of the IATA DGR
list variations for more than 40 states.
Both shippers and carriers are subject to
the state variations.
The state variations are listed with five
alpha-numeric characters representing the
state three-letter group (the third letter is
always G for government) and a two-digit
number (e.g., 01, 02) in sequence. The

United States is assigned the code
USG, and has 15 active state variations, some of which contain multiple
requirements. Examples of other state
codes include:
• Australia – AUG
• Canada – CAG
• Germany – DEG
• Malaysia – MYG
United Kingdom – GBG
State variations allow a state to be
more or less restrictive than the regulations themselves. If more restrictive,
you must follow the extra requirements
in addition to the IATA DGR that apply. If less restrictive, you may only
use the variation for shipments within
that state alone, as they are not recognized by other states and cannot be

used for international transport.
For example, USG-12 requires shippers to provide emergency response
written information and telephone
numbers. MYG-03 indicates that shippers who want to offer arms, ammunition, or explosives to or from Malaysia
must obtain a permit in advance from
that government.
Are you in compliance with the latest
IATA DGR including state variations?
Environmental Resource Center can
help you find out with a transportation
compliance audit.

Hazmat Cylinder Manufacturer Collapses, Will Not Take
Back Recalled Devices:
The DOT’s Pipeline and Hazardous Materials Safety Administration recently received the following notice:
“Please be advised that The Lite Cylinder
Company is no longer in business and is
currently evaluating its legal options. The
company’s facility is now closed and unable to receive cylinders returned per the

instructions detailed in US DOT—
PHMSA Emergency Order No. 2013002. Furthermore, the company is
financially insolvent and will not be
able to recompense cylinder owners,
dealers, and distributors for the expenses incurred in complying with
this Emergency Recall Order.”

To determine if you have a recalled
cylinder from The Lite Cylinder Company, see this website. For alerts on
other hazardous material cylinders, see
this link.

GATEKEEPER

Page 10

How to Determine Form A Eligibility for SARA 313 TRI
Reporting [40 CFR 372.27]:
Not long after a deadly cloud of
methyl isocyanate from a Union
Carbide India Limited plant killed
thousands of people in Bhopal,
India, in 1984, there was another
serious chemical release at a sister
plant in West Virginia. These incidents created public demands for
information on chemicals in their
communities. Against this background, the Emergency Planning
and Community Right-to-Know
Act (EPCRA) was enacted in 1986.
One of EPCRA's primary purposes
is to inform the public of the presence of toxic chemicals and releases in their areas. EPCRA Section 313 requires EPA and the
states to collect data annually on
releases and transfers of certain
toxic chemicals from industrial
facilities and make the data available to the public through the
Toxics Release Inventory (TRI).
The goal of the Toxics Release
Inventory Program is to provide
communities with information
about toxic chemical releases and
waste management activities and to
support informed decision making
at all levels by industry, government, non-governmental organizations, and the public. The information made available to the public is
collected from companies via either
Form A or Form R TRI reports.
TRI reports include information on
certain chemical activities, releases,
disposal, treatment, recycling, and
pollution prevention. Your facility
is subject to TRI reporting if it
meets all the following criteria:
Classified within a covered
NAICS or SIC code (40 CFR
372.23);
10 or more employees (40 CFR
372.22); and
Manufacture, process, or otherwise use a toxic chemical or
chemical category at or above
a threshold quantity.
To assess the third criteria listed
above, compare your facility’s toxic

chemical activities during the
previous calendar year to
EPA’s thresholds for manufacturing (25,000 lb), processing
(25,000 lb), or otherwise use
(10,000 lb). See 40 CFR
372.25, 40 CFR 372.27, and
40 CFR 372.28 for details on
these thresholds. Toxic chemicals or chemical categories
EPA designates at 40 CFR
372.28, have significantly
lower thresholds that trigger
TRI reporting of these listed
persistent, bioaccumulative,
and toxic (PBT) chemicals.

You must submit a Form A or
a Form R for each toxic that
meets the thresholds noted
above. These reports must be
submitted to both EPA and to
the State Emergency Response
Commission (SERC) for the
state where your facility is
located.
For PBTs, only the more comprehensive Form R report can
be submitted. For PBT dioxin
or dioxin-like compounds
category, use the Form R report and the Form R Schedule
1 report—which is specific to
reporting dioxin and dioxinlike compounds.
For other toxic chemicals, you
may be eligible to submit a
Form A (a shortened version
of the TRI report), if you meet
the Form A eligibility criteria
at 40 CFR 372.27:
The toxic chemical is not a
PBT as noted above;
The toxic chemical has not
been manufactured, processed, or otherwise used
in excess of 1,000,000 lb;
and
The total annual reportable
amount of the toxic
chemical (i.e., releases
including disposal, recycling, energy recovery,
and treatment) does not

exceed 500 lb.
The third criteria listed above, a
limit of 500 lb for the annual
reportable amount for a toxic
chemical is defined at 40 CFR
372.27(a). This consists of the
combined quantities reportable
for a non-PBT toxic chemical in
section 8, column B (data for the
current reporting year) on a Form
R which includes:
8.1 (quantity released),
8.2 (quantity used for energy
recovery on-site),
8.3 (quantity used for energy
recovery off-site),
8.4 (quantity recycled on-site),
8.5 (quantity recycled off-site),
8.6 (quantity treated on-site),
and
8.7 (quantity treated off-site).
When you conduct your Form A
eligibility determination and you
calculate your total annual reportable amount, you must understand EPA’s distinction between
recycling versus direct reuse. A
toxic chemical is considered
recycled if it is recovered for
reuse in a reclamation or recovery step, and it is considered
directly reused if it does not undergo any reclamation or recovery steps prior to reuse. See Environmental Resource Center’s
June 24, 2013, Reg of the Day™
for an explanation of how the
terms recycle versus direct reuse
affect how to correctly report
toxic chemicals contained in
waste on Form R section 8.5.
Based on the differences between
the terms recycle versus direct
reuse for your Form A eligibility
determination purposes, the
amount of a toxic chemical in
waste you transfer off-site for the
purpose of recycling is reportable
in Form R section 8.5 (quantity
recycled off-site) and is counted
toward your annual reportable
amount in your calculation for
Form A eligibility. Conversely,
the amount of a toxic chemical

you send off-site for direct
reuse is not reportable for
Form R section 8.5, and is not
included toward your total
annual reportable amount
calculations in your Form A
eligibility determination.
The recordkeeping requirements for TRI reporting facilities that file under TRI using
Form A are specified at 40
CFR 372.10(d) and include:
A copy of each Form A certification statement submitted under 40 CFR 372.27
All supporting materials and
documentation used to
make the compliance
determination that your
facility is eligible to apply the alternate threshold
as specified in 40 CFR
372.27
Documentation supporting
the Form A submitted
under 40 CFR 372.27(b)
including:
Data supporting the determination of whether the
alternate threshold specified under 40 CFR
372.27(a) applies for each
toxic chemical
Documentation supporting
the calculation of annual
reportable amount, as
defined in 40 CFR 372.27
(a) for each toxic chemical, including documentation supporting the calculations and the calculations of each data element
combined for the annual
reportable amount
Receipts or manifests associated with the transfer of
each chemical in waste to
off-site locations
For consulting assistance in
completing your TRI Form R
and Form A reports, contact
Environmental Resource Center at service@ercweb.com or
call 800-537-2372.

Volume XIII, Edition 8

Page 11

How to Package Division 6.2 Category A Infectious Substances for
Shipments by Ground Transportation [49 CFR 173.196]:
Shipments of Division 6.2 Category A infectious substances
must comply with unique packaging requirements. Category A
materials are defined at 49 CFR
173.134(a)(1)(i) as capable of
causing permanent disability or
life-threatening or fatal disease
in otherwise healthy humans or
animals when exposure occurs.
If your shipment meets this definition, it is assigned to either
UN2814 (Infectious substances
affecting humans) or UN2900
(Infectious substances affecting
animals).
According to 49 CFR 173.196,
packaging for Category A infectious substances must be triple
packaged to include a leakproof
primary receptacle, a leakproof
secondary packaging, and a rigid
outer packaging. Outer packages
must measure at least 100 mm
(3.9 inches) at the smallest external dimension. Packages that
may be used include:

49 CFR 173.196(a) requires
that liquid infectious substances have an absorbent
material placed between the
primary receptacle and the
secondary packaging (see
illustration below) with an
itemized list of contents
enclosed between the secondary packaging and outer
packaging. The primary
receptacle or secondary
packaging must be capable
of withstanding, without
leakage, an internal pressure of not less than 95 kPa
(0.95 bar, 14 psi) and temperatures in the range of 40 °C to +55 °C (40 °F to +131 °F).
Infectious substances shipped at
ambient temperatures or higher,
refrigerated or frozen, or
shipped in liquid nitrogen

Drums

1A1, 1A2, 1B1, 1B2, 1N1, 1N2, 1H1, 1H2, 1D,
1G

Boxes

4A, 4B, 4N, 4C1, 4C2, 4D, 4F, 4G, 4H1, 4H2

Jerricans

3A1, 3A2, 3B1, 3B2, 3H1, 3H2

must meet the additional requirements at 49 CFR
173.196(b)(1-3), including:
• Ambient temperatures or
higher – Primary receptacles
must be made of glass, metal,
or plastic. You must ensure
the seal is leakproof by heated
seal, skirted stopper, metal
crimp seal, or screw cap with
adhesive tape. Freeze-dried
substances must be placed in
primary receptacles such as
flame-sealed glass ampoules
or rubber stopped glass vials
fitted with metal seals.
• Refrigerated/Frozen – Ice
or dry ice must be placed
around the secondary packagings, or in an overpack. Interior supports must be provided to secure secondary
packaging after ice or dry ice
dissipates. If ice is used, the
outer packaging or overpack
must be leakproof. If dry ice
is used, the outer packaging
or overpack must permit the
release of carbon dioxide gas.
Liquid nitrogen – The primary and secondary packaging must maintain their integrity at the temperature of the
liquid nitrogen. Refrigerated

liquid nitrogen packagings
must be metal vacuum insulated vessels or flasks
vented to the atmosphere to
prevent any increase in pressure within the packaging.
The use of safety relief
valves, check valves, frangible discs, or similar devices
in the vent lines is not allowed. Fill and discharge
openings must be protected
against the entry of foreign
materials, and the package
must be marked with orientation arrows.
For information on using
live animals to ship infectious substances, see Environmental Resource Center’s August 14, 2012, Reg
of the Day™ on How to
Ship Live Animals.
Learn how to properly ship
Division 6.2 hazardous materials by attending Environmental Resource Center’s
Transportation of Infectious
Substances by Ground and
Air webcast.

GATEKEEPER

Page 12

How to Report Transfers Off-site for Recycling and Reuse
in SARA 313 Form R Reports [40 CFR 372]:
Not long after a deadly cloud of methyl isocyanate killed thousands of people in Bhopal,
India, there was a serious chemical release at a
sister plant in West Virginia. These incidents
created public demands for information on
chemicals in their communities. Against this
background, the Emergency Planning and
Community Right-to-Know Act (EPCRA)
was enacted in 1986.
One of EPCRA’s primary purposes is to inform the public of toxic chemical releases in
their areas. EPCRA Section 313 requires EPA
and the states to collect data annually on releases and transfers of certain toxic chemicals
from industrial facilities and make the data
available to the public through the Toxics
Release Inventory (TRI).
If your facility is subject to EPA’s TRI reporting requirements and you transfer wastes containing a listed toxic chemical off-site for recycling or reuse, you must know the how to
report recycling and direct reuse.
A toxic chemical is recycled if the toxic
chemical is recovered for reuse in a reclamation or recovery step. Removal of contaminants (e.g., skimming impurities from scrap
metal being melted for reuse) and changing
the relative amounts of the chemicals in an
alloy (e.g., when mixed scrap metal is melted
together) are considered reclamation or recovery steps in a recycling process.
Toxic chemicals transferred off-site for direct
reuse do not undergo any reclamation or recovery steps prior to that reuse, and are not
considered recycled. Simple phase changing
of the toxic chemical prior to reuse, such as
merely remelting of scrap metal, is not a reclamation or recovery step so that simple phase
changing is direct reuse.
The amount of a toxic chemical in waste
transferred off-site for the purpose of recycling is reportable on Form R section 6.2
(transfers to off-site locations) and Form R
section 8.5 (quantity recycled off-site). The
amount of a toxic chemical sent off-site for
direct reuse is not reportable for these same
Form R sections.

To correctly report the toxic chemical
sent off-site for recycling in section
6.2, report the final disposition of the
toxic chemical in waste that you have
knowledge about—including the identity for the final disposition location
and the applicable section 6.2 waste
management codes from the TRI instructions for the reporting year (e.g.,
waste management codes for transfers
of metals and metal category compounds for recycling are M24 for metals recovery, M26 for other reuse/
recovery, and M93 for waste broker–
recycling).
If you know the location of the recycler, report the location of the recycler
as the final destination in section 6.2.
If you know the toxic chemical in your
waste you transfer to a waste broker is
ultimately being recycled, but you do
not know the location of the recycler,
report the waste broker’s location as
the final destination in section 6.2.
For example, let’s say one waste
stream you transfer off-site is scrap
metal containing chromium. For Form
R reporting purposes, you need to
know if the chromium in your scrap
metal is transferred off-site for the
purpose of being recycled, or if this
off-site transfer is considered direct
reuse.
Your transfer of scrap metal containing chromium is considered recycling,
rather than direct reuse, if a reclamation or recovery step is involved prior
to reuse. Examples of reclamation or
recovery steps are:
• Removal of contaminants, which
would include skimming impurities
from the scrap when melted
• In the case of an alloy, mixing in
other scrap so that when your scrap is
remelted, the relative amounts of the
chemicals in your alloy are changed
A step to recover or reclaim the chromium is involved

If you determine the chromium in your
scrap metal is a transfer for recycling:
• Include the amount of chromium in
your scrap sent for recycling in sections
6.2 and 8.5 of your Form R for chromium
Count the amount of chromium reportable in Form R, section 8.5 toward the
500 lb total annual reportable amount if
you choose to conduct a Form A eligibility determination (40 CFR 372.27)

If the transfer of scrap metal off-site is
for direct reuse (with the scrap merely
remelted and reused—simply changing
the phase of the scrap with no steps to
recover or reclaim the chromium in the
remelting, no step to remove contaminants, and no mixing in of other scrap
that would change the relative amounts
of the chemicals when remelted), you
would not report the amount of chromium in the scrap metal in sections 6.2
and 8.5 of the Form R.
Use the best readily available information to determine if waste containing
toxic chemicals sent off-site is being
directly reused, or is considered to be
recycled due to an intervening reclamation or recovery step prior to its reuse.
If the toxic chemical you are subject to
reporting under TRI is a metal category
compound, such as chromium compounds—a listed toxic chemical category, the releases and other waste management information you report for a
metal category compound is the total
amount of the parent metal released or
recycled rather than reporting the entire
metal category compound toward these
reported amounts.
For consulting assistance in completing
your TRI Form R and Form A reports,
contact Environmental Resource Center
at service@ercweb.com or 800-5372372.

Volume XIII, Edition 8

Page 13

How to Classify Non-Spillable Batteries for Transportation
by Ground [49 CFR 173.159]:
.The hazardous materials table
(49 CFR 172.101) lists three
proper shipping names for wet
batteries:
Batteries, wet, filled with
acid
Batteries, wet, filled with
alkali
Batteries, wet, non-spillable
In order to use one of these nonspillable shipping names, wet
batteries must be manufactured
as non-spillable. To classify a
battery as non-spillable, the
battery manufacturer must conduct the vibration and pressure
testing required at 49 CFR
173.159(f) with a result of no
battery fluid leakage.
For example, when the vibration test is performed, the battery is rigidly clamped to a platform of a vibration machine,
and subjected to a simple harmonic motion with amplitude of
0.8 mm (0.03 inches) with a 1.6
mm (0.063 inches) maximum
total excursion applied. Following this vibration test, the bat-

tery is then stored for six
hours at 24 °C ± 4 °C (75 °
F ± 7 °F) while subjected to
a pressure differential of at
least 88 kPa (13 psig) in
three mutually perpendicular positions for at least six
hours in each position.
You can determine if batteries are classified as nonspillable by contacting the
manufacturer or by reviewing specifications provided
by the manufacturer. Packaging a wet battery in a
leakproof package or liner
does not qualify you to use
the non-spillable shipping
name.
According to paragraph (c)
of 49 CFR 173.159a–
Exceptions for nonspillable batteries, nonspillable batteries transported by ground must be:
Securely packed in strong
outer packagings or secured to skids or pallets

capable of withstanding
the shocks normally incident to transportation
Loaded or braced to prevent damage and short
circuits in transit with
any other material loaded
in the same vehicle being
blocked, braced, or otherwise secured to prevent
contact with or damage
to the batteries
Non-spillable batteries
which are an integral part
of and necessary for the
operation of mechanical
or electronic equipment
must be securely fastened in the battery
holder on the equipment
The battery and outer
packaging must be
plainly and durably
marked as NONSPILLABLE or NONSPILLABLE BATTERY, without marking
the outer package required when the battery
is installed in a piece of

equipment that is transported unpackaged
Non-spillable batteries
shipped by ground are excepted from many DOT shipping requirements. Paragraph
(d) of 49 CFR 173.159a–
Exceptions for non-spillable
batteries states that if the
shipping requirements in the
above list are met, no other
shipping requirements apply
to ground shipments as long
as at 55 °C (131 °F), the battery does not contain any
unabsorbed free-flowing liquid and is designed so that
electrolyte will not flow from
a ruptured or cracked case.
Learn more about how to
ship batteries by attending
Environmental Resource
Center's How to Ship Batteries by Ground and Air webcast.

GATEKEEPER

Page 14

When and How to Mark Marine Pollutants [49 CFR
172.322, IMDG Code 5.2.1.6, IATA DGR 7.1.6.3]:
.Some chemicals have been designated as
marine pollutants because they pose a danger to aquatic life. Depending on the mode
of transportation and the quantity shipped,
marine pollutants must be marked as shown
below.

or 5 kg per inner or single package.

L (1,000 gallons)
At least 250 mm x 250 mm (10 inches) for
marks applied to all other bulk packages
Any transport vehicle or freight container
containing a package that must be marked for
marine pollutants (using the above guidance)
or being shipped by vessel, must be marked
with the marine pollutant mark on each side
and each end. This mark must be equal in
size to dimensions of a placard, with sides
measuring at least 250 mm x 250 mm.

US Department of Transportation (DOT)
When shipped by ground, according to 49
CFR 172.322, only marine pollutants
shipped in bulk packages must be marked in
ground transport. If a bulk package has a
capacity of <3,785 L (1,000 gallons) apply
the mark on two opposing sides. For bulk
packages with a capacity of ≥3,785 L (1,000
gallons), the marine pollutant mark must be
on each end and each side.
The size requirements for the marks on
packages are:

•

At least 100 mm x 100 mm (4 inches)
for non-bulk packages, except in the case of
packages which can only bear smaller
marks due to their size

•

At least 100 mm x 100 mm (4 inches)
for bulk packages with a capacity of <3,785

There is an exception for marking marine
pollutants in bulk containers, freight containers, or transport vehicles as long as they are
not transported by vessel. If one of these
bears a label or placard of hazard classes 1-9,
they are not required to bear the marine pollutant mark.
International Maritime Organization (IMO)
If a package containing a marine pollutant
will travel by vessel at any time during transport, you must comply with the more stringent IMO regulations. The IMO regulations
in the International Maritime Dangerous
Goods (IMDG) code part 5.2.1.6 state that all
marine pollutants must be marked, with the
exception that the mark is not required on
packages containing less than or equal to 5 L

Cargo transport units containing marine
pollutants must be marked, even if the
packages inside meet the exception size
that does not require individual packages
to be marked. In this case, the mark must
be at least 250 mm x 250 mm.
International Air Transport Association
(IATA)
Section 7.1.6.3 of the IATA Dangerous
Goods Regulations (DGR) requires that all
marine pollutants be marked unless they
contain less than or equal to 5 L or 5 kg
per inner or single package. Packages required to be marked as a marine pollutant
must also be marked with the Class 9 Miscellaneous label. Intermediate bulk containers with marine pollutants must bear
the marine pollutant mark on two opposing
sides.
To ensure your hazardous materials are
properly classified and shipped, attend
Environmental Resource Center’s DOT
Hazardous Materials Training: The Complete Course seminar, the DOT Complete
Course - Webcast, or the Transportation of
Dangerous Goods: Compliance with IATA
and IMO Regulations seminar.

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

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

Wendy Smith-Reeve

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

- Dan Stubbs

-Yuma FD

- Jack McArthur

Asst. State Attorney General

- Jeffrey Cantrell

SRP

- Jeffrey Edmister

Intel Corporation

- Randy Holmes

APS

- Monica Ray

Hamilton Sundstrand

- David McWilliams

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