GATEKEEPER NEWSLETTER February 1, 2004 Volume IV, Edition 02 Arizona Emergency Response Commission 5636 East McDowell Road Phoenix, Arizona 85008-3495 Janet Napolitano, Governor Frank F. Navarrete, Director http://www.governor.state.az.us/ http://www.dem.state.az.us/ Daniel Roe, Executive Director http://www.dem.state.az.us/azserc/ Special Interest Articles: Gatekeeper Workshop February 11 – 12, 2004 Reporting Updates, Facility Planning Requirements, Release Reporting and Compliance and related programs. • Gatekeeper Workshop Register Now! • AESA Mid-Year Conference • Green Biz Time is running out! We need to get a good count for purposes of ordering materials and refreshments. • EPA may issue effluent Guidelines Some of the presentations include: • RSPA Rules for natural gas pipelines • CAMEO • Suspicious Activities for Transporters Green Chemistry, Transportation Issues, Industry Partnerships, Information from the U.S. EPA, Risk Management, Chemical Release Inventory • SARA Title III Release Reporting Exemptions • SARA Title III Sections 311 and 312 • Hazwoper Arizona Emergency Services Association (AESA) • Tribal Notes • Regulation of the Day • Didja Know • Shorts • Upcoming Deadlines • Upcoming Events On February 5, 2004 the AESA will hold their MidYear Conference at the Mesa Public Safety Training Facility located at 3260 North 40th Street, Mesa. This one day conference will feature a presentation from public safety officials that worked the East coast blackout event. In addition, Our presenters come from the private and public sector, Federal, State and Local government agencies and have a vast knowledge base to help answer your questions. zserc/upcoming1.htm The location is at: Papago Park Military Reservation, 5636 East McDowell Road, Phoenix, AZ 85008. Call us at 602-231-6346 for additional information if needed…but do it soon. The registration form is at http://www.dem.state.az.us/a there will be a presentation on the State Fire Mutual Aid Plan, and various other emergency management related presentations. Governor Janet Napolitano has been added to this agenda. The Governor will start this conference off with a special ceremony to thank the Firefighters from Arizona that responded to the California wildfires. This will take place at 8:00am at the beginning of the Arizona Emergency Services Association Mid Year Conference. Contact Cliff Puckett at: Cliff.puckett@cityofmesa.org Page 2 of 17 GATEKEEPER NEWSLETTER Green Biz – Free Guide to Environmental Responsibility A free Guide to environmental responsibility for smaller companies that is published in Spanish is available. Green Business Network, producer of GreenBiz.com, and ifPeople, which works to create value in businesses and institutions by incorporating sustainability, have produced a Spanishlanguage edition of a popular and comprehensive environmental resource guide for smaller businesses. Companies"), a free, downloadable 14-page guide, covers a full range of environmental issues encountered by smaller firms across all sectors. Major sections cover reducing waste, energy and water efficiency, toxics and hazardous substances reduction, meetings and travel, product life cycle, and green building design and construction. Each section offers an overview of the topic, some basic tips, and links to additional resources. nonprofit that produces GreenBiz.com, ClimateBiz.com and other free informational Web sites. The guide was translated and adapted by ifPeople, which works with companies and organizations in the US and Argentina to implement responsible practices. Both the English and Spanish editions may be downloaded by going to either http://www.GreenBiz.com/sma llbiz or http://www.ifpeople.net/resour ces Mejorando el Impacto Ambiental de Su Empresa ("Greening Your Business: A Primer for Smaller The original guide was produced in English by Green Business Network, a Washington, D.C.-based (as always...many thanks to the Environmental Resource Center) Toxic Chemical Release Reporting; Notice of On-Line Dialogue; Extension of Comment Period ACTION: Extension of comment period. decimal values and have been corrected. SUMMARY: This notice announces that EPA is extending the comment period for the stakeholder dialogue until February 4, 2004. The comment period for this stakeholder dialogue was initially scheduled to close on January 5, 2004. Because of a request for additional time to gather and incorporate data into comments, the Agency is extending the comment period. EPA has revised Appendix B of the Stakeholder Dialogue on Burden Reduction Options white paper to reflect the latest TRI data. Further, some of the data in those columns listed as percentages contained In addition, two new Tables have been added to Appendix B to show the impact on the number of forms and facilities affected by modifying the waste management activities included in the annual reportable amount threshold for Form A Certification Statement eligibility. The revised Appendix B has been posted as a separate document on the docket and on the TRI Web site. Instructions for participating in the on-line dialogue are posted at EPA's TRI Web site at http://www.epa.gov/tri/progr ams/stakeholders/outreach.ht m. DATES: Comments, identified by the docket control number TRI-20030001, must be received by EPA on or before February 4, 2004. To see the complete notice from the Federal Register please go to: http://a257.g.akamaitech.net/ 7/257/2422/14mar20010800/ edocket.access.gpo.gov/2003 /pdf/03-32057.pdf Thanks to: Lloyd Bokman Ohio Emergency Management Agency Email: lbokman@dps.state.oh.us Page 3 of 17 GATEKEEPER NEWSLETTER Navigable Waters Definition Further Clarified In 2001, the U.S. Supreme Court narrowed the Environmental Protection Agency’s (EPA) jurisdiction over wetlands and isolated bodies of water in what is now commonly called the Solid Waste Agency of Northern Cook County (SWANCC) decision. The U.S. Appeals court for the Fifth Circuit, in December, referenced the SWANCC decision and further clarified what actually qualifies as “navigable waters” under the Clean Water Act. The appeals court ruled in the United States v. Needham that for the EPA to have jurisdiction over a nonnavigable waterway, they must show a strong connection of that waterway to a navigable waterway. The term “navigable waterway” has great significance to petroleum marketers who operate storage facilities subject to EPA’s Spill Prevention Control and Counter- measures (SPCC) regulations. Ironically, just prior to this decision, the EPA announced their plans to NOT pursue new regulations as a result of SWANCC. The Needham decision will subject the EPA’s policy to additional scrutiny. Thanks to Western Petroleum Marketer’s Association for the reminder. EPA May Issue Effluent Guidelines for Bulk Petroleum Facilities From alerts@thompson.com Petroleum terminals soon may become subject to new technology-based effluent guidelines under the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has announced. The announcement was in a Federal Register notice published Dec. 31 (68 FR 75515), in which EPA presented the results of its annual review of existing effluent guidelines and invited comment on its preliminary Effluent Guidelines Program Plan for 2004/2005. Section 301 of the Clean Water Act requires EPA to promulgate effluent limitation guidelines and standards that reflect the level of pollutant control achievable using the best available technologies economically achievable for categories or subcategories of industrial point sources. The law also requires EPA to review these guidelines annually and, every other year, to publish a program plan based on a lengthy outreach effort involving stakeholders. EPA has identified two industrial categories--one is Petroleum Refining (including Petroleum Bulk Stations & Terminals)--that will be the subject of detailed investigation in the 2004 annual review. Part of the review process also includes determining whether any new subcategories should be added; according to the Dec. 31 notice, some stakeholders expressed concerns about discharges from bulk petroleum facilities. For more information on this subject, see the February 2004 issue of the Aboveground Storage Tank Guide. http://www.thompson.com/li braries/environment/abov/in dex.html More about this topic and other Environmental Compliance news. http://www.thompson.com/li braries/environment/index.ht ml Please pass along this alert to a colleague. Manage your subscriptions or remove yourself from this list: http://xsuite.thompsonfulfill ment.com/SF_Module/webfo rms/manage_emailnews.cfm ?cid=41863&issue_id=%23 %25%29OF%0A New users, sign up here: http://xsuite.thompsonfulfill ment.com/SF_Module/webfo rms/subscribe_emailnews.cf m Page 4 of 17 GATEKEEPER NEWSLETTER Differences in Definitions of Hazardous Waste Generator vs. Universal Waste Handler In 40 CFR 260.10 http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr260_00.html EPA defines a hazardous waste generator as "any person,by site, whose act or process produces hazardous waste identified or listed in part 261 of the chapter or whose act first causes a hazardous waste to become subject to regulation." A hazardous waste is broadly defined as a solid waste that is either: *On a designated list of hazardous waste, such as the F, K, P, or U-lists *Meets the definition of characteristic hazardous waste: ignitable, corrosive, reactive, or toxic *Mixed with hazardous waste (there are exceptions) *Derived from the treatment of hazardous waste (there are exceptions) A universal waste handler (as defined in 40 CFR 273.9) http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr273_00.html is "a generator of universal waste or the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination." A universal waste is defined in 40 CFR 273.9 http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr273_00.html as "any of the following hazardous waste that are subject to the universal waste requirements of the part 273:" *Hazardous waste batteries *Hazardous waste pesticides *Hazardous waste thermostats *Hazardous waste lamps *With EPA's approval, several states have classified other wastes as universal waste and EPA has several proposed universal wastes pending If a hazardous waste generator has the universal waste listed above, they may adhere to the alternative set of universal waste management standards in lieu of the hazardous waste regulations. Examples of the universal waste management standards that differ from the hazardous waste management standards include: longer accumulation /storage time limits, different marking/ labeling requirements, different training requirements, and reduced accumulation/storage area requirements. Thanks to Tammy Silverthorne Environmental Resource Center New Guidance on Supplemental Environment Projects Issued by OECA To encourage violators to undertake projects that will benefit the environment and public health, EPA's Office of Enforcement and Compliance Assurance (OECA) has released new guidance on the Supplemental Environmental Projects (SEP) Policy. A SEP is an environmentally beneficial project that a violator voluntarily agrees to perform as part of an enforcement settlement. SEPs are projects or activities that go beyond what is required of a violator to return to compliance with environmental requirements and which the defendant/ respondent is not otherwise legally required to perform. By agreeing to a SEP, violators bring direct benefit to the communities where violations occurred. OECA anticipates that this guidance will encourage the regulated community to propose environmentally beneficial projects that would otherwise not be implemented due to the longterm, speculative nature of the returns. The three guidance documents are: Guidance for Determining Whether a Project is Profitable, When to Accept Profitable Projects as Supplemental Environmental Projects, and How to Value Such Projects; Guidance Concerning the Use of Third Parties in the Performance of Supplemental Environmental Projects (SEPs) and the Aggregation of SEP Funds and Recommended Ideas for Supplemental Environmental Projects The full documents can be found at: http://www.epa.gov/complia nce/civil/programs/seps/inde x.html. Thanks to the Environmental Resource Center Page 5 of 17 GATEKEEPER NEWSLETTER RSPA Rules for Natural Gas Pipelines Enhance Community Increasing public confidence in the safety of the nation’s natural gas pipelines is the focus of new federal regulations released recently by the Research and Special Programs Administration (RSPA) of the DOT. “It is essential that we protect the public by ensuring that our nation’s pipeline transportation system meets the highest safety standards,” said RSPA Deputy Administrator Samuel G. Bonasso. The final rule, entitled “Pipeline Integrity Management for Gas Pipelines in High Consequence Areas,” requires operators of natural gas transmission pipelines to assess and evaluate the integrity of their pipelines in areas where a failure would have the highest impact on the public or property. Operators must repair pipeline defects discovered during an assessment and take additional measures to protect these highconsequence areas. Pipeline operators must report to RSPA and to the public twice annually on progress in implementing their Integrity Management plans. The new regulations respond to the Pipeline Safety Improvement Act of 2002, which established deadlines for operators to assess natural gas transmission pipelines in order to protect public safety. It also required RSPA to issue regulations directing gas transmission operators to adopt and implement an integrity management program similar to regulations RSPA issued two years ago for operators of hazardous liquid pipelines. Developed from analyses of pipeline incidents, statutory mandates and safety recommendations of the National Transportation Safety Board (NTSB), pipeline integrity management recognizes that improved collection and analysis of pipeline information are central to accident prevention. As pipeline accidents often result in supply interruptions, these new regulations can also lead to more reliable delivery of natural gas to industry and consumers. Sponsored by KellerOnline® http://www.safetyonline.com The effective date for the final rule published on December 15, 2003, at 68 FR 69778 is corrected to read February 14, 2004. To view this federal register item, please go to: http://a257.g.akamaitech.net/ 7/257/2422/14mar20010800/ edocket.access.gpo.gov/2004 /pdf/04-275.pdf To view the original rule from December 15th, please go to: http://a257.g.akamaitech.net/ 7/257/2422/14mar20010800/ edocket.access.gpo.gov/2003 /pdf/03-30280.pdf FOR FURTHER INFORMATION CONTACT: Mike Israni by phone at (202) 366-4571, by fax at (202) 366-4566, or by e-mail at mike.israni@rspa.dot.gov, regarding the subject matter of the final rule. Thanks to: NASTTPO (National Association of SARA Title III Program Officials) Thanks to Reminder: Security Training Deadline Passed The Department of Transportation (DOT) Research and Special Programs Administration (RSPA) issued regulations last spring requiring all hazmat employers to have a security plan in place by September 25, 2003. The rules also required that employees who handle hazardous materials must be trained on the facility’s security plan by December 22, 2003. Employees must be trained and tested on all components of the security plan, which include personnel security, unauthorized access and en route security. Western Petroleum Marketer’s Association and Professional Emergency Resource Services (PERS) has teamed together to offer a ready to develop Security Plan for companies to comply with the new security plan requirements. Visit www.pers-er.com for more information Thanks to Western Petroleum Marketer’s Association for the reminder. Page 6 of 17 GATEKEEPER NEWSLETTER DOT/RCRA Compliance Manual DOT/RCRA Compliance Manual http://www.ercweb.net/merc hant.mv?Screen=PROD&Sto re_Code=EW&Product_Cod e=0933 covers the important concepts and procedures required for compliance with RCRA hazardous waste and DOT hazardous materials requirements including the following: DOT * Determining what is a hazardous material * Selection of the proper shipping name, container, label, and placard * Shipping papers * Loading * Stowing * Emergency response RCRA * Waste characterization * Accumulation point management * Land disposal notices * Record keeping * Reporting deadlines Also includes how to avoid the most common violations cited by the EPA and DOT, as well as how to comply with new requirements that have been enacted over the past year. Transportation Guide Transportation, "Guide To Developing An Effective Security Plan For The Highway Transportation Of Hazardous Materials. Battelle and TotalSecurity.US for The Federal Motor Carrier Safety Administration, U.S. Department of Transportation. 2003 (undated). http://www.fmcsa.dot.gov/sa fetyprogs/hm/Security_Plan_ Guide.pdf USDOT Regulations OnLine Interested in accessing USDOT regulations? Visit http://hazmat.dot.gov/rules.h tm and see what's available. The first link will take you to http://www.myregs.com/dotr spa/ from which you can search DOT regulations. Computer Aided Management for Emergency Operations Update A new CAMEO suite of applications will be available for download mid February. CAMEOfm upgrade to CAMEOfm v1.1 MARPLOT 3.3 upgrade to MARPLOT v3.3.1 ALOHA 5.2.3 upgrade to ALOHA v5.4 Visit www.epa.gov/ceppo/cameo to download the programs. Keep in mind the new information WILL NOT POSTED UNTIL MID TO LATE FEBRUARY. If you are enrolled, the first formal notification will come to you through the CAMEO ListServer e-mail system. If you have not subscribed to the CAMEO News Service you will not receive this notification. To register send an e-mail to "joincameo@lists.epa.gov" and register. Thanks to Frank BoveeCAMEO guru, EPA Region X DOT Regulated Hazardous Materials The Department of Transportation regulates shipments of hazardous materials in the US. According to 49 CFR 171.8, http://ecfr.gpoaccess.gov/cgi/t/t ext/textidx?c=ecfr&sid=ccff0259 d093b5ab88f671bcaa6f9ff2&rgn =div8&view=text&node=49:2.1. 1.3.6.0.25.7&idno=49 “hazardous material” means substances or materials that the Secretary of Transportation has determined are capable of posing an unreasonable risk to health, safety, or property while in transport in commerce. The term hazardous material includes: *Materials listed on the hazardous materials table *Hazardous substances (shipped at or above their reportable quantity) *Hazardous wastes (as defined by the Environmental Protection Agency) *Marine pollutants (as defined by the International Convention for Prevention of Pollution from Ships) *Elevated temperature materials (intentionally heated to >100ºC for shipment) *Materials that meet the definition of a DOT hazard class or division. Thanks to the Environmental Resource Center Page 7 of 17 GATEKEEPER NEWSLETTER Local Emergency Planning Committee (LEPC) Corner SARA Title III Release Reporting Exemptions According to 40 CFR 355.40(a)(2), http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr355_00.html there are a number of situations that do not meet the release reporting requirements for Section 304 of SARA Title III (EPCRA). These nonreportable releases include: * A release that results in exposure to persons solely within the boundaries of the facility * A release that is a "federally permitted release" as defined in Section 101(10) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) * A release that meets the criteria of a continuous release as defined under 40 CFR 302.8 (this section includes unique reporting requirements specific to continuous releases) http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr302_00.html * A release that is actually the application of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)registered pesticide, as defined under CERCLA Section 103(e), when used in accordance with its intended purpose Note that 40 CFR 355.40 (a) (2)(vi) http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr355_00.html contains specific qualifiers that must be met in order for releases of radionuclides to be exempt from reporting requirements. These qualifiers include releases of radio nuclides that occur naturally in soil, natural releases from some land disturbance activities, activities related to coal and coal ash dumping and transportation, as well as radio nuclide releases from piles of coal and coal ash. Additionally, if a release occurs during transportation, then calling either 911 or the operator (if 911 is not available) satisfies the notification requirements. Thanks to: Tammy Silverthorne Environmental Resource Center Immediate Notification for Emergency Releases For releases of extremely hazardous substances (EHSs) and CERCLA hazardous substances that are reportable under Section 304 of SARA Title III (EPCRA), the owner or operator of a subject facility must meet immediate and written follow-up notification requirements. The immediate notification requirements include reporting to the facility's state emergency response commission (SERC) and to the local emergency planning committee (LEPC). If the release has the potential to affect areas under the jurisdiction of other SERCs and LEPCs, those organizations must be notified as well. According to 40 CFR 355.40(b)(2), http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr355_00.html the information that must be reported includes: *Chemical name or identity of any substance involved in the release *Indication of whether the substance is an EHS *Estimate of the quantity of the substance that was released into the environment *Time and duration of the release *Medium or media into which the release occurred *Any known or anticipated acute or chronic health risks associated with the released material, and medical advice for exposed individuals where appropriate *Proper precautions to take, including evacuations *Name and telephone number of facility contact If the reportable release involves a listed CERCLA hazardous substance, the National Response Center must also be included in the facility's immediate notifications. Thanks to: Tammy Silverthorne Environmental Resource Center Page 8 of 17 GATEKEEPER NEWSLETTER In the Beginning IN THE BEGINNING only facilities in the manufacturing sector were subject to reporting under sections 311 and 312. Now, in essence, it's any facility that exceeds thresholds for reporting. Section 311 requires submission of either the Material Safety Data Sheets (MSDS) or a List of Hazardous Chemicals that are at the facility at any one time at/above the minimum reporting thresholds which are: 10,000 pounds for NON-Extremely Hazardous Substances (EHS) or at/above the Threshold Planning Quantity or 500 pounds (WHICHEVER IS LESS) for Extremely Hazardous Substances. (Quite the mouthful). Section 311 also requires a facility to submit an MSDS or a list when an additional chemical above those thresholds is at the facility. The timing for this submission is what can bite you! If the chemical is a NON-EHS Chemical, the update to the Fire Dept, LEPC and Commission is due within 3 months (90 days); for an EHS, it is due within 60 days. Initially, this was critical because facilities/ jurisdictions were primarily using the Tier One report which did NOT give specific information regarding the chemical but rather provided information on hazard categories [fire hazard, immediate (acute)/ delayed (chronic) health, sudden release of pressure and/or reactive.] Arizona is a Tier Two state which means that chemical specific information is required to be reported on the chemical inventory (Tier Two). In essence, between Arizona Revised Statutes (ARS Title 26 Chapter Two Article Three) and the federal regulations and statutes ALL the information required by Section 311 is captured on the Tier Two, EXCEPT the reporting on the required updates. Perhaps an example will help. Let's say you're up to speed with your filing. You didn't add any new chemicals to your facility last year and you are now submitting your Tier Two report on-line. You submit your report in midJanuary for the chemicals that were at your facility during calendar year 2003, (January 1-December 31, 2003). Your report is certified in the system on January 20th, 2004. As you are looking through your records you see that you added two new chemicals that you didn't have before. Sulfuric Acid and Toluene. You added 550 pounds of sulfuric acid and 12,000 pounds of toluene. Both were added on the 6th of January, 2004. They don't have to be reported on the Tier Two until March, 2005 since that report will cover chemicals at your facility during calendar year 2004. HOWEVER, under section 311 of EPCRA you MUST report the addition of these chemicals. Sulfuric acid is an extremely hazardous substance, therefore reporting under 311 is required within 60 days because you have over the minimum reporting threshold of 500 pounds or threshold planning quantity (TPQ) whichever is less. The TPQ for sulfuric acid is 1000 pounds. (Keep that thoughtwe’ll talk about planning in a few seconds). The minimum reporting threshold for toluene, a NON-EHS is 10,000 pounds under Section 311. So, you let the fire department, local planning committee and the commission know about it, keeping a copy of that notification in your records. Be sure to check statute or call us if you need to know exactly what needs to be reported. We're working on a way to facilitate this for you where we can do it on line. PLANNING. State EPCRA law requires a facility contingency plan for EHS chemicals. You can see/download the questionnaire we have at www.azserc.org (right hand column, next to last bullet). Planning is required for each EHS at/above Threshold Planning Quantity. In the example above, this plan would NOT be required for the sulfuric acid since it's present at less than the Threshold Planning Quantity, even though reporting was required because it's above the minimum reporting threshold. (Keep this page as a refresher!) If you had at/above 1000 pounds at any one time at your facility, regardless of location, that contingency plan would be required. The plan is required at the time you introduce the new EHS at your facility. You need to send it to the fire dept with jurisdiction, your LEPC and to us at the Commission. We're also looking at methods to have that done electronically and simply. BOTTOM LINE: Section 311 of EPCRA requires your attention. Updates during the year because of the introduction of a new hazardous chemical at/above minimum reporting thresholds is required. The Tier Two (Section 312 of EPCRA) does NOT supercede section 311 nor does 312 replace 311. Questions? Don't hesitate to call us at 602231-6346 or email us at azserc@azdema.gov and share your thoughts. Thanks, Dan Page 9 of 17 GATEKEEPER NEWSLETTER Written Follow-up Reporting Requirements for Releases Under SARA Title III In addition to the immediate notification requirements for releases that are subject to SARA Title III (EPCRA), there are also written reporting requirements (at 40 CFR 355.40(b)(3)). http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr355_00.html Written release reports must be submitted to all state emergency response commissions (SERCs) and all local emergency planning committees (LEPCs) that received an initial notification of a release event. There are not specific federal regulations prescribing when written reports must be submitted. Instead, the phrase "as soon as practicable" is used to describe when written reports are to be submitted. The information that must be in all of your written followup reports includes: a description of the actions taken to respond to the release incident, all known or anticipated acute or chronic health risks due to exposure to the released chemical, medical advice for anyone who might have been exposed, and an update on any of the information reported in your initial notifications. In Arizona, the Arizona Revised Statutes (ARS 26348B) states that within thirty days after the reportable release, the owner or operator of a facility where a release occurred requiring notification pursuant to this section shall submit to the LEPC and to the SERC a written followup emergency notice stating and updating the information originally provided pursuant to subsection A of this section and including the following additional information: 1. Actions taken to respond to and contain the release. 2. Any known or anticipated acute or chronic health risks associated with the release. 3. If appropriate, advice regarding medical attention necessary for exposed individuals. 4. Measures which have been or will be taken at the facility to avoid a reoccurrence of similar releases. ARS 26-348C further states that: After additional information becomes known, the owner or operator shall update the notice in writing within seven calendar days. Thanks to Tammy Silverthorne - Environmental Resource Center tsilverthorne@ercweb.com for elements in this article. Facility definition for Sections 311 and 312 of SARA Title III When determining whether or not you are subject to the chemical inventory reporting requirements of SARA Title III, Sections 311 and 312, you must know the meaning of the term "facility." EPA defines this term at 40 CFR 370.2 http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr370_00.html as including: All buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). Facility shall include manmade structures as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft. It is the owner or the operator of a "facility" that is subject to Sections 311 and 312 who must meet the reporting requirements. Thanks to: Tammy Silverthorne Environmental Resource Center Page 10 of 17 GATEKEEPER NEWSLETTER Hazard Categories for SARA MSDS Reports Section 311 of SARA Title III requires facility owners or operators to submit copies of material safety data sheets (MSDSs) for reportable substances to their state emergency response commission (SERC) and their local emergency planning committee (LEPC). In lieu of submitting MSDSs, you may opt to submit a list of the reportable chemicals that includes the identification of the appropriate hazard category for each chemical being reported. "Hazard category" as is defined at 40 CFR 370.2 http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr370_00.html means any of the following: *Immediate (acute) health hazard, including highly toxic, toxic, irritant, sensitizer, corrosive, (as defined under 29 CFR 1910.1200) http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_29/2 9cfr1910a_00.html and other hazardous chemicals that cause an adverse effect to a target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration * Delayed (chronic) health hazard, including carcinogens (as defined under 29 CFR 1910.1200) and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long term exposure and is of long duration *Fire hazard, including flammable, combustible liquid, pyrophoric, and oxidizer (as defined under 29 CFR 1910.1200) *Sudden release of pressure, including explosive and compressed gas (as defined under 29 CFR 1910.1200) *Reactive, including unstable reactive, organic peroxide, and water reactive (as defined under 29 CFR 1910.1200) Thanks to: Tammy Silverthorne Environmental Resource Center Assistance to Firefighters Grant Program Visit our web site at: http://www.dem.state.az.us/a zserc and click on “USFA Federal Assistance to Fire Fighter Grant Recipients” to see the listing of Federal Fiscal Year 2003 Grant Recipients. Since out last edition: (For Fire Ops and Safety) Apache Junction Fire Dist. - $611,209; La Canada Fire Dist. $9,900; Sun Lakes Fire Dist. $117,065; City of Scottsdale $241,479; City of Tempe Fire Dept. - $42,000; City of Yuma Fire Dept. $69,335; (Firefighting Vehicle) Springville Vol. Fire Dept. $141,300; OSHA’s Revised Record Keeping Form Now Available OSHA’s revised Form 300, or Log of Work-Related Injuries, is now available along with instructions on their web site at: www.osha.gov/recordkeepin g/index.html . Employers are required to fill out the Log and post the summary by February 1, 2004. The summary must stay posted until April 30, 2004. In addition, both the log and the summary must be kept for five years. and illnesses. Employers are not required to send the forms to OSHA but must have them available for an OSHA inspector. Employers must keep these forms for each site, which are used to record and classify work-related injuries Thanks to: Western Petroleum Marketers Association Page 11 of 17 GATEKEEPER NEWSLETTER HAZWOPER Chain of Command According to 29 CFR 1910.120(b)(2), http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 the organizational structure part of the site program must establish the specific chain of command and specify the overall responsibilities of supervisors and employees. The organizational structure must include, at a minimum, the following elements: * A general supervisor who has the responsibility and authority to direct all hazardous waste operations * A site safety and health supervisor who has the responsibility and authority to develop and implement the site safety and health plan and verify compliance * All other personnel needed for hazardous waste site operations and emergency response and their general functions and responsibilities * The lines of authority, responsibility, and communication According to 29 CFR 1910.120(b)(2)(ii), http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 the organizational structure must be reviewed and updated as necessary to reflect the current status of waste site operations. Thanks to: Tammy Silverthorne Environmental Resource Center HAZWOPER Safety and Health Plan The site-specific safety and health plan portion of the HAZWOPER program is addressed at 29 CFR 1910.120(b)(4). http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 This plan, which must be kept on site, must address the safety and health hazards of each phase of site operation and must include the requirements and procedures for employee protection. The elements that are required to be included in this plan are: environmental sampling techniques and instrumentation to be used, including methods of maintenance and calibration of monitoring and sampling equipment to be used *Site control measures in accordance with the site control program *Decontamination procedures *An emergency response plan *Confined space entry procedures *A spill containment program *A safety and health risk or hazard analysis for each site task and operation found in the work plan *Employee training assignments *Personal protective equipment to be used by employees for each of the site tasks and operations being conducted *Medical surveillance requirements *Frequency and types of air monitoring, personnel monitoring, and According to 29 CFR 1910.120 (b)(4)(iii) http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 which addresses pre-entry briefing requirements, the site-specific safety and health plan must include procedures for reentry briefings to be held prior to initiating any site activity, and at such other times as necessary to ensure that employees are apprised of the site safety and health plan and that this plan is being followed. Additionally, the information and data obtained from site characterization and analysis work must be used to prepare and update the site safety and health plan. The regulation requires that the effectiveness of the site safety and health plan be maintained. The standard states that inspections must be conducted by the site safety and health supervisor or, in the absence of that individual, another individual who is knowledgeable in occupational safety and health, to determine the effectiveness of the site safety and health plan. Any deficiencies in the effectiveness of the site safety and health plan are the employer's responsibility to correct. Thanks to: Tammy Silverthorne Environmental Resource Center Page 12of 17 GATEKEEPER NEWSLETTER Dangerous HAZWOPER Atmospheres Personnel who are trained to respond to releases and potential releases of hazardous substances under OSHA's HAZWOPER standard should be aware of the meaning of two terms that describe dangerous, potentially life-threatening conditions. The terms "IDLH" and "oxygen deficiency" are defined in the standard at 29 CFR 1910.120 (a)(3). http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 "IDLH" or "immediately dangerous to life or health" means an atmospheric concentration of any toxic, corrosive or asphyxiant substance that poses an immediate threat to life or would interfere with an individual's ability to escape from a dangerous atmosphere. "Oxygen deficiency" means the concentration of oxygen by volume below which atmosphere supplying respiratory protection must be provided. This condition exists in atmospheres where the percentage of oxygen by volume is less than 19.5 percent oxygen. Under either of these conditions, HAZWOPER response personnel would need to wear appropriate respiratory protective equipment and would need to operate using the buddy system (which is also described at 29 CFR 1910.120(a)(3)). http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 Thanks to: Tammy Silverthorne Environmental Resource Center HAZWOPER Site Characterization and Analysis OSHA's Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) requires at 29 CFR 1910.120(c)(1)-(3) http://www.osha.gov/pls/osh aweb/owadisp.show_docume nt?p_table=STANDARDS& p_id=9765 that hazardous waste sites be evaluated to identify specific site hazards in order to determine appropriate safety and health control procedures needed to protect employees. The standard requires that a preliminary evaluation of a site's characteristics be performed by a qualified person prior to site entry. Immediately after initial site entry, a more detailed evaluation of the site's specific characteristics must be performed in order to further identify existing site hazards and to further aid in the selection of the appropriate engineering controls and personal protective equipment for the tasks to be performed. All suspected conditions that could pose inhalation or skin absorption hazards that are immediately dangerous to life or health (IDLH) or other conditions that could cause death or serious harm must be identified during the preliminary survey and must be evaluated during the detailed survey. Examples of these types of hazards include confined space entry, potentially explosive or flammable situations, visible vapor clouds, or areas where biological indicators such as dead animals or vegetation are located. Thanks to: Tammy Silverthorne Environmental Resource Center Site Incident commander (SIC) 24-hour Training This is an invitation to attend the upcoming Inter Tribal Council of Arizona; Inc. (ITCA) sponsored training in Cutler, AZ. The training program, funded by the Department of Transportation-Hazardous Materials Emergency Preparedness (DOT_HMEP) grant, provides technical and assistance to tribes in the development of tribal emergency response plans. Site Incident Commander (SIC) 24-Hour Training* Hosted by San Carlos Apache Tribe, Apache Gold Resort and Casino, Cutter, AZ February 11-13, 2004. There is no registration fee for this training. It will be limited to thirty participants with Tribal Organizations having first priority. If you have any questions, please contact George Little Jr. at 602-258-4822. * First-On-Scene Operations 16-Hour or First Responder Operations 24-hours training is a prerequisite for this course. Page 13 of 17 GATEKEEPER NEWSLETTER Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) CSB Launches New Web-Based Incident News Reports Service The U.S. Chemical Safety Board (CSB) announced further improvements to its new web site, www.CSB.gov launching a redesigned Incident News Reports section that presents the latest headlines on chemical incidents from around the world. news stations, wire services, and other news sources around the world. A special Breaking News section -updated every 15 minutes around the clock -- presents the latest chemical incident and safety news identified using a sophisticated computer search engine. The new section can be viewed by clicking on “Incident News Reports” under “Newsroom” on left menu bar of www.CSB.gov . The new service presents direct hyperlinks to complete news stories culled from more than 6,000 newspapers, Feedback about the new service is welcome and should be directed to daniel.horowitz@csb.gov. The CSB is an independent federal agency charged with investigating industrial chemical accidents. CSB investigations look into all aspects of such events, including physical causes such as equipment failure as well as inadequacies in safety management systems. Typically, the investigations involve extensive witness interviews, examination of physical evidence and chemical and forensic testing. The Board does not issue citations or fines but does make safety recommendations to plants, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA. Suspicious Activities for Transporters The following information on suspicious activities is meant to advise the surface transportation industry about possible indicators of terrorist attack planning. According to Law Enforcement reporting, there have been five suspicious incidents involving commercial bulk refuelers since July 2003. All five of the incidents involved bulk refuelers operating along the East Coast. In all five incidents the drivers observed individuals in vehicles conducting an open “surveillance” of the driver’s activities. The timing and location of the events along the East Coast suggest that the incidents may have been related. While it is not known if these incidents were efforts to illegally obtain the refuelers cargo for black-market sales, or were pre-operational terrorist activities, they indicate an unexplained interest in commercial bulk refuelers. Suggested Protective Measures For commercial trucking, petroleum and chemical industry refueling and storage terminals: Be aware of possible targeting and casing activities associated with tanker operations, operations involving serving fuel and chemical production, fuel and hazmat transport operations and at terminal and storage facilities. Suspicious activities may involve observation and photography of facilities and operations, attempted interviews of personnel to obtain information regarding operations and facilities following vehicles en-route, etc. Ensure individuals are authenticated and authorized to access commercial bulk refueling and tanker pumping stations. For all truck drivers: Watch for aggressive driving behavior, multiple vehicles actively “boxing” the target truck, potential ruse or staged accident to cause the target truck to stop on a roadside in an isolated area. Adhere strictly to company and customer security procedures such as securing unattended vehicles during customer fueling or chemical offloading operations. Thanks to Western Petroleum Marketers Association Page 14 of 17 GATEKEEPER NEWSLETTER Reg of the Day – From Environmental Resource Center Why did the EPA designate chemicals on the P-list as acutely toxic? According to the criteria for listing hazardous waste (40 CFR 261.11(a)(2)), http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_40/4 0cfr261_00.html chemicals that are found to be fatal to humans in low doses are designated acute hazardous waste. In the absence of data on human toxicity, the chemicals with the following toxicities are designated as acute hazardous waste: * oral LD50 toxicity (rat) of less than 50 milligrams per kilogram * inhalation LC50 toxicity (rat) of less than 2 milligrams per liter * dermal LD50 toxicity (rabbit) of less than 200 milligrams per kilogram * otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness Organizations that generate chemicals on the P-list are required to manage them as hazardous waste and are large quantity generators if they generate more than one kilogram of P-list waste in a calendar month. Hazard communication requirements for limited quantities by air Packagings containing limited quantities shipped by air are allowed relief from the use of UN specification packaging. To communicate that dangerous goods have been prepared under the limited quantity provisions, the words LIMITED QUANTITY or LTD QTY must be marked on the packaging. The shipper's declaration of dangerous goods must also bear the same wording in the authorizations column. ara/cfr/cfrhtml_00/Title_40/40 cfr262_00.html by submitting a Notification of Regulated Waste Activity (EPA form 8700-12 http://www.epa.gov/epaoswer/ hazwaste/data/form8700/forms .htm) to their state, identifying their waste activities (40 CFR 273.32(a)(2)). http://www.access.gpo.gov/nar a/cfr/cfrhtml_00/Title_40/40cf r273_00.html Net quantity markings for packages, overpacks, and salvage packagings Generators must submit a subsequent notification when: Effective January 1, 2004, it is mandatory to mark the net quantity of dangerous goods on each package or overpack containing Classes 2 to 6, Class 8 and UN 1845 Carbon dioxide, solid (dry ice). Where the maximum quantity shown in Columns H, J and K in the List of Dangerous Goods is a gross weight, the gross weight of the package or of each package within the overpack must be shown. This quantity must be marked on each package or overpack adjacent to the UN Number and Proper Shipping Name. Except for Carbon dioxide, solid (dry ice), this requirement only applies to consignments of more than one package. *The business moves to another location *The site contact person changes *The ownership of the site changes *An additional owner is added or replaced *The type of regulated waste activity changes (see Section 10 of the form) Universal Waste Notification of Regulated Waste Activity Large and small quantity generators of hazardous waste are required to obtain an EPA identification number (40 CFR 262.12) http://www.access.gpo.gov/n Examples of waste activities categorized on Form 8700-12 (Section 10) include generator status; becoming a transporter, TSDF, or recycler of hazardous waste; operating an exempt boiler or industrial furnace; underground injection control; and becoming a large quantity handler of or destination facility for universal waste. If you are a large quantity handler of universal waste and have previously submitted the notification of regulated waste activity form, you need not resubmit the form to notify EPA regarding your universal waste status. Page 15 of 17 GATEKEEPER NEWSLETTER Didja Know? Using "Mixture" or "Solution" for Proper Shipping Names The Department of Transportation states in 49 CFR 172.101(c)(10) http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_49/4 9cfr172_00.html that the words mixture and solution must be used with proper shipping names when one hazardous material identified in the Hazardous Materials Table is combined with a non-hazardous material. For example, it would be correct to use the words mixture or solution when describing a combination of acetone and water. However, it would be incorrect to use the words mixture or solution in a proper shipping name for a combination of acetone and methanol. Infectious substance statement on Shipper's Declaration Before offering any infectious substance for transportation, the shipper must make advance arrangements with the consignee or operator. For exports, the shipper must also receive confirmation that the substance may be legally imported without delay in delivery. To confirm that the shipper has complied with these requirements, the following statement must appear in the "Additional Handling Information" box: "Prior arrangements as required by the IATA Dangerous Goods Regulations 1.3.3.1 have been made." Flash Point and DOT Flammable Liquids According to the Department of Transportation at 49 CFR 173.120(c), http://www.access.gpo.gov/n ara/cfr/cfrhtml_00/Title_49/4 9cfr173_00.html the flash point of a flammable liquid means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable concentration with the air near the surface of the liquid. The Department of Transportation classifies liquids with a flash point of 141*F or less as flammable liquids subject to the regulations at 49 CFR. Flammable liquids are Class 3 hazardous materials. Important Change in the International Air Transport Association/ International Civil Aviation Organization (IATA/ICAO) Regulations The ICAO Dangerous Goods Panel recently issued an addendum making the air eligibility marking optional (the marking had been scheduled for implementation as a mandatory IATA/ICAO requirement on January 1, 2004). If used, the marking must conform to the applicable requirements of the ICAO Technical Instructions concerning use of the marking and IATA 7.1.5.8. The addendum also includes advance notice of changes effective next year in the 2005-2006 ICAO Technical Instructions, including requiring the following additional certification statement on the transport document (shipping paper): "I declare that all of the applicable air transport requirements have been met." The addendum is available on the internet for public viewing at http://hazmat.dot.gov/ICAO %20Addendum%202.pdf. The air eligibility marking was adopted in the DOT Hazardous Materials Regulations (HMR) in docket HM-215E, with an effective date of October 1, 2004. In light of the decision made by the ICAO Dangerous Goods Panel, the Office of Hazardous Materials Safety (OHMS) is evaluating the marking requirement to determine whether the HMR should also be amended to make the marking optional. OHMS is committed to harmonizing with the ICAO Technical Instructions, and other international regulations, to the greatest extent practicable. Therefore, this issue will be addressed through the public review process in a future rulemaking. Page 16 of 17 GATEKEEPER NEWSLETTER American Society of Safety Engineers Announces CHMM Certification Now Accepted For Professional Member Status The highest level of American Society of Safety Engineers' (ASSE) membership, the Professional Member, is now open to those with a Certified Hazardous Materials Manager (CHMM) certification. In approving the change, ASSE officials noted that all new member applicants with a CHMM designation will now be eligible for automatic classification. Of ASSE's 30,000 members, more than 500 have the accredited CHMM certification and nearly 250 are not Professional Members. Those ASSE members with a CHMM may now apply for reclassification to Professional Member. CHMM joins the designations of Certified Safety Professional (CSP), Certified Industrial Hygienist (CIH), Certified Health Physicist (CHP), Canadian Registered Safety Professional (CRSP), U.K.Institute of Occupational Safety and Health - Registered Safety Professional (IOSH-RSP) and Professional Engineer (P.E.) as the accredited certifications/registrations accepted for Professional Member status in ASSE. This inclusion is another action taken by ASSE and the Academy of Certified Hazardous Materials Managers (ACHMM) to enhance their mutual efforts in the area of occupational safety, health and the environment. In September 2002 an agreement was signed between ASSE and the ACHMM that states: a) they will seek opportunities for cooperative effort in the areas of government affairs, professional and technical standards development and professional practice; b) encourage a cooperative effort at all levels of their organizations in activities such as professional development and community service; c) use their communications capabilities to promote cooperation, reciprocal activities and mutually beneficial initiatives; d) develop cooperative initiatives of mutual or reciprocal benefit, such as member discounts, product exchanges and publication sales; and, e) establish a respective Board of Director liaison to facilitate communication between the organizations. ACHMM is a membership organization primarily for people with a CHMM designation. Established in 1985, ACHMM has 10,000 members. While the Institute of Hazardous Materials Management (IHMM) certifies and recertifies CHMMs, certification that began in 1984, the Academy and its affiliated chapters serve as the national membership organization. ASSE membership categories are Professional Member, Member, Associate Member, International Member and Student Member. For more information check ASSE’s web site at www.asse.org. Shorts Glossary of terms, which will be continuously updated. Glossary, "National Mutual Aid & Resource Management Initiative Glossary of Terms and Definitions". FEMA. http://www.fema.gov/doc/prepar edness/glossaryterms.doc Consumer Protection and Advocacy Alert - Zylon Vests Thanks to Richard Slaugenhaupt /AGs office for sharing and requesting widest dissemination of the information regarding concerns about vests containing ZYLON. Attorney General Goddard's press release on vests containing Zylon: http://www.ag.state.az.us/press_ releases/nov/2003/112003.html bin/tacticalubb/forumdisplay.cgi?a ction=topics&forum=M.D.+Labs+ &number=5&DaysPrune=10&Las tLogin= Policeone.com: Recent Developments Regarding Use of Zylon in Ballistic Vests http://www.policeone.com/Zylo n/ Arizona Police Association, Body Armor Warning: http://www.azpolice.org/news_03 1002.asp Arizona DPS - Digest (Internet Edition) - 2003 (see page 5) http://www.dps.state.az.us/diges t/dig-0311ie.pdf Tactical Forums: http://www.tacticalforums.com/ AND vests forums: http://64.177.53.248/cgi- ETC Compliance Solutions In compliance with OSHA's PSM and EPA's RMP Regulations? Need an update? ETC Compliance Solutions is offering training in Phoenix February 9-11. For info: 602-923-9673 www.e-tc.com Page 17 of 17 GATEKEEPER NEWSLETTER Upcoming Deadlines OSHA Reminder: February 1 Any employer that recorded occupational injuries and illnesses for the 2003 reporting year must post a copy of the applicable summary in a conspicuous place. Subpart Eb, located within a large municipal waste combustor plant. CAA Reminder: February 1 Annual report for each owner or operator of a batch vapor or in-line solvent cleaning machine complying with hazardous air pollutant standards under 40 CFR 63.463 or 40 CFR 63.464 February 1 Semi-annual report for facilities subject to new source performance standards under 40 CFR 60, February 14 Importers or exporters of used Class II controlled substances must report 2003 levels of such substances to EPA. February 14 Each producer, importer or exporter of a Class II controlled substance must submit a report to EPA providing information on the production, imports and exports of such chemicals during the previous quarter. EPCRA Reminder March 1 Annual Tier-Two Inventory Reports are due. Upcoming Events Arizona Emergency Services Association (AESA) Mid-year Conference February 5, 2004 at the Mesa Public Safety Training Facility Contact Kamilah Manuel at 602-273-1411 or visit www.azaesa.org for more information. Western Petroleum Marketers Convention & Convenience Store Expo February 17 – 19, 2004 January 23, 2004 was the last day to pre-register. After that date, register on-site at the WPMA Registration Desk, Mirage convention Center. Registration does not include room accommodations. Registrants are responsible for their own room arrangements. The room rate is $149.00, single or double occupancy. Room confirmation will be received from the hotel. Call Mirage: 1-800-499-6311. Room block was released January 16, 2004. Register on line at: www.wpma.com and make checks payable to WPMA or the WPMA Scholarship Foundation and return to Western Petroleum Marketers Association, Post Office Box 571500, Murray, UT 84157-1500. Telephone number 1-888-252-5550. 17th International Hazardous Materials Spills Conference, San Antonio, TX May 4-6, 2004 The U.S. EPA Region VI and the Office of Emergency Prevention, Preparedness and Response (OEPPR) would like to invite you to the 2004 International Hazardous Materials Spills conference to be held in San Antonio, TX, May 4-6, 2004. Registration and more information can be found at: www.hotzone.org Commercial products and services are mentioned for informational purposes only and should not be construed as AZSERC endorsements. 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, Daniel Roe Daniel Roe, Executive Director Arizona Emergency Response Commission 5636 E. McDowell Road Phoenix, AZ 85008-3495 Phone: (602) 231-6346 Fax: (602) 392-7519 E-Mail azserc@azdema.gov Visit: www.dem.state.az.us/azserc www.azserc.org (for reporting) Daniel Roe – Executive Director Roger Soden – Emergency Services Program Coordinator Diane Fernandez – Programs & Projects Specialist II Sylvia Castillo – Admin Asst II Robert Rooney – Admin Asst I Commissioners: Frank F. Navarrete- Chair Catherine R Eden, ADHS Director Stephen A. Owens, ADEQ Director Victor Mendez, Help us reduce hard copy mail outs. Send us your email and tell us to switch you to electronic notification. Thanks ADOT Director Dennis A. Garrett, ADPS Director Designees: Daniel Roe, ADEM David Engelthaler, ADHS Shannon Davis, ADEQ Sonya Herrera, ADOT Jeffery W. Resler, ADPS Advisory Committee: Corporation Commission Industrial Commission State Mine Inspector State Fire Marshal Radiation Regulatory Agency Department of Agriculture Arizona Fire Chiefs Association Mesa FD & Lake Havasu FD State Attorney General GD-Decision Systems-Jeff Homer Intel Corporation-James Wick C.A.R.E.-Richard Carter VA Med. Center-Dan Johnston Gatekeeper Newsletter: Daniel Roe – Editor in Chief Robert E. Rooney - Staff