GATEKEEPER NEWSLETTER June 1, 2003 Volume III, Edition 6 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 2003 Success • Report on Assistance to Firefighters Grant Program • Fire Grant Video • Arizona Toxics Information • TRI Report Submission • Vermiculite Insulation • EPA Enforces Old SPCC Rule during Extension • Checks on HAZMAT Drivers • Training on Line on New HAZMAT Security Plans • Commercial Vehicle Security • Final Rule: Information Collection Approval • Upcoming Workshops • Regulation of the Day • Online Safety Newsletter • Upcoming Deadlines • Shorts GATEKEEPER 2003 (MAY 15th - MAY 16th, 2003) HAILED AS A SUCCESS! By all accounts, our 13th Annual Gatekeeper Workshop was quite successful. Some thought it was the best yet. There were over 120 in attendance at the May 15th Workshop and just about the same at the Toxic Chemical Release Inventory Workshop on the 16th. May 15th, 2003 98.2% of those who submitted critiques felt they got their money's worth. Our goal is to bring that ONE individual into the fold... and we think we know how. There were several requests for EPCRA FOR BEGINNERS to be taught and several requests to take the EPCRA FOR BEGINNERS workshop to different locations in the state. We're game and will be coordinating with our Local Emergency Planning Committees (LEPC) to make that happen. WE NEED TO HEAR FROM YOU REGARDING THAT AND YOUR LEPCs NEED TO HEAR FROM YOU! Where do you want it held? One area clearly identified by several attendees was Tucson and we're already working on that for later this month... SHORT NOTICE..so keep your eyes and ears open and check our website for UPCOMING EVENTS at: www.dem.state.az.us/azserc . We got your message that you'd like to hear more about common Tier Two and incident reporting errors, interaction with local emergency responders as well as where the state of the art is with outgrowths of Project BOLDER. 56.1% of those who submitted critiques indicated they are using our Tier Two On-Line reporting system and that it's working for them. One individual indicated some concerns regarding userfriendliness and we're working with him to make his experience on-line more satisfactory. While several indicated the system was not applicable to them, we're quite interested in the 40% who are not using the system yet. Help us help them to come on board. If you are in the "non-user" group, please let us know what we need to do to meet your needs so you will become a user. Please visit www.azserc.org and test the system out! 98.2% of those who submitted critiques know where to go if they still have questions. That lone individual who didn't put a name on the critique is invited to contact us so we can assist in remedying that situation. 100% of those submitting critiques felt that our customer service has met their needs and that the workshop should be continued. We can live with that! Thanks. (cont page 2) Page 2 of 11 GATEKEEPER NEWSLETTER GATEKEEPER 2003 (MAY 15th - MAY 16th, 2003) HAILED AS A SUCCESS! (cont.) In general, the location (Chandler Community Center) was considered an excellent location. We'll see what we can do about chairs (that may be a tough one!) and air-conditioning (might be easier to deal with) for the next event! We'll also look at pursuing some comments regarding increased industry outreach, coordination and exhibitor participation in the presentations. Further, we'll also look at start/stop times as well as break times...as well as a presentation on the dovetailing of regulatory requirements. We appreciated the specific favorable comments regarding the presentations, particularly, comments regarding the presentation on the USDOT Emergency Response Guidebook (several comments from Police Departments regarding the importance of the presentation to them), Palo Verde and FBI presentations. We'll look into breakout sessions for next year that can deal with the specific requests that were made in your mostwelcomed comments, to include LEPC group discussions, training opportunities, "hot wash" results on local/state drills and several other topics. We also appreciated the strong favorable comments regarding the workshop and our “Gatekeeper Newsletter.” Remember, you're invited to send us materials for that newsletter! CONGRATULATIONS! Thanks to all who participated in the pre/post-test quiz. As always, interesting results. There is ABSOLUTELY NO QUESTION that everyone (well...almost everyone) improved their scores substantially. I thought it interesting that some took the pre-test...but not the post-test. Others took the post-test but not the pre-test. Some WOULD HAVE WON prizes...but didn't want their names on the exams. Some put their names on one sheet but not the other. Oh well.....! Some did extremely well on both the pre-test AND the post-test. In any event, the following were the brave ones who won! Art Armstrong, Lucky Dittman, Monette Greer, Phyllis Johnson, Andrea Norman, Steve Rottas and Pete Wagner If anyone has questions about the criteria used for the awards, please contact me at RoeD@dem.state.az.us at your convenience. The reward will be the HAZARDOUS MATERIALS FIELD GUIDE by Armando Bevelacqua and Richard Stilp, published by Delmar Publishers ©1998, ISBN: 0766801551. It contains the critical information that emergency responders must have at their fingertips in the first minutes of an incident...in a full color guide. List Price: $33.95. Congratulations again! MAY 16th, 2003 This was perhaps the BEST attended TRI Workshop that I can recall. The instruction was excellent as was EPA's support through their contractors, Abt Associates, Inc. Critiques clearly indicated strong satisfaction with the instructors with 80% of those submitting critiques rating the instructors in the top two categories. Without question, the workshop was considered useful to the companies that attended with many considering it highly valuable. The length of the workshop was considered just right by most filling out critiques with several thinking it was too short...and several looking at it as too long. My guess is that the length will remain about the same. Course content was, by in large, considered "just right," again with several believing it was too detailed and several believing there was not enough detail. The contractors will assess the comments for program revision for next year, I'm sure. 89% of the attendees submitting critiques believed that they were more knowledgeable as a result of attending the workshop and that's a great achievement! Many of the general comments, to include location, hard seats, etc were the same as on the 15th. It was clear to me from the attendance nearing the close of the day that the program was working! The audience was glued to their seats... attrition rate was quite low and smiles were still on faces. GENERAL A special thanks to: the City of Chandler for hosting the workshop; EPA for the TRI contractor support; all the presenters; exhibitors and especially to those of you who attended. Needless to say, the activity would not be possible without the strong support from those contracted to provide services and from our own tireless staff: Roger Soden, Diane Fernandez, Sylvia Castillo and Robert Rooney. Cheers, Dan By the way..if you need a Public Address System with an operator for your next event, call DJ Bob's Mobile Disc Jockey Service at 480-970-9555. Very reasonable rates and their service was great at this year's Gatekeeper Workshop. Page 3 of 11 GATEKEEPER NEWSLETTER Report on Assistance to Firefighters Grant Program 2001 WASHINGTON, D.C. Firefighters across the United States have been seeking Congressional funding support for over 20 years for needed equipment and resources. Most U.S. fire departments have long been under equipped and under trained. They believed assistance at the federal level was necessary to bring firefighter support services up to 21st century standards. presented to the USFA as possible means for improving the efficiency of the grant program and the customer satisfaction level of those fire departments utilizing the program. - Additional training in the grant application process is recommended to ensure all eligible and interested parties are afforded the opportunity to submit a complete and comprehensive application. In 2001, for the first time - Consider seeking out those ever, Congress approved a departments with survey two-year authorization responses that indicated a providing financial need for further training (if assistance to fire appropriate training could be departments. The Assistance offered via teleconference or to Firefighters Grant other venue). Program’s objective is to - Continue to survey identify fire departments that program participants. Initial need assistance in procuring findings from grant tools and resources to protect recipients are extremely the health and safety of the positive. Ongoing collection public and members of those and analysis is likely to departments. further support program goals and provide continued Team members also sought insight into fire department to provide the United States needs and program Fire modification requirements. Administration (USFA) with - Review the matching funds a comprehensive evaluation requirements. Differing of the process by providing needs and budgets among both qualitative and rural versus urban fire quantitative measures that departments and large versus reflect the positive impacts small may be placing undue of these funds in meeting the burden on some departments and could inhibit agency’s stated mission. participation. - Consider directing funds Based on information toward specific programs or gathered from an on-line equipment that will assist in survey, the following bringing more departments recommendations were into compliance. - Consider following up with those respondents that indicated the grant funds did not impact their department. Overall, the results of the survey and the analysis reflect that the USFA Assistance to Firefighters grant program was highly effective in improving the readiness and capabilities of firefighters across the nation. Many positive comments on the programs value and success were received during the survey process. A complete report of the findings and supporting documentation can be located on the USFA web site at www.usfa.fema.gov. For the most current information regarding the Assistance to Firefighters grant program years 2001, 2002 and 2003, visit USFA’s web site. USFA is a part of FEMA. Both USFA and FEMA are a part of the Department of Homeland Security. Thanks to Douglas Woods USFA Fire Program Specialist Assistance to Firefighters Grant Program FEMA Region IX 510-627-7208 douglas.woods@dhs.gov Page 4 of 11 GATEKEEPER NEWSLETTER Fire Grant Video Attention: Fire Districts and Fire Departments Although the suspense date for submitting (for Federal Fiscal Year 2003) Fire Grants has passed, we're providing a video to each of our 15 Local Emergency Planning Committees (LEPC) so that they can, at their convenience, start prepping for the next round...hoping that there is one! The video is well worth watching and taking notes on, as it clearly goes over the do's and don'ts as well as the strategies for submitting successful grants applications. Well worthwhile viewing. Visit one of our web pages, www.dem.state.az.us/azserc (look for contact link) and you can see which LEPC you need to bug! Of course you can bug us too... our pleasure. Much thanks to John Rowlinson, State Fire Marshal's office and Doug Woods, FEMA Region IX. Great team leaders. ARIZONA TOXICS INFORMATION Relación de Listados para la Frontera MéxicoEstados Unidos This is the US-Mexico Border List of Lists, brought to you by Arizona Toxics Information. It is a compilation of lists of toxic substances regulated by the State of Arizona, US and Mexican federal government agencies, and international agencies. The current version contains information on 3177 substances drawn from 22 separate source lists. See the key to the Border List of Lists for more information about the various lists. The List of Lists was originally developed in part through a grant from the Arizona Emergency Response Commission (AZSERC) with funding from the US-EPA. Who should use this database? 1. Those interested in knowing how a particular substance is regulated by any of the various agencies included in the database. 2. Those interested in knowing what substances are contained in a particular list of regulated substances. 3. Those who are interested in comparing regulatory lists of different border jurisdictions. Versions are in both English and Spanish are available. What can you do with this database? Search by English and Spanish names and by partial names or strings. Search by CAS numbers, by RCRA and INE waste codes where applicable, as well as by some 50,000 synonyms. In addition, the system will indicate which of the 22 source lists a substance appears on, and allows all substances on a given list or set of lists to be called up. Visit: http://www.laneta.apc.org/e mis/toxbase/ Board Revises 5-Year Strategic Plan As they continue to work towards their mission goal to promote the prevention of chemical accidents, the U.S. Chemical Safety and Hazard Investigation Board (CSB) is revising its 5-year strategic plan to cover the period 2005 - 2010. The new draft presents three goals, emphasizing the Board’s investigations and recommendations functions and a model work environment for its employees. Among other initiatives set out in the revised plan, the CSB plans to initiate and complete twelve safety products each year, ensure implementation of 80% of their recommendations and maintain a highly motivated, productive staff at all levels of the agency. They value your input and invite you to review the revisions and send comments to the Board care of Anna.Johnson@csb.gov. Comments were requested by June 1, 2003. CSB thanks you for your continuing support. They look forward to continuing to work with you to prevent chemical accidents. Page 5 of 11 GATEKEEPER NEWSLETTER The Toxic Release Inventory (TRI) Report must be submitted to EPA by July 1, 2003 While the following is specific to Petroleum Marketers, visit www.epa.gov/tri to see how your industry is impacted! Facility operators are subject to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) TRI reporting if all of the following requirements are met: 1. the facility has 10 or more full-time employees. 2. the facility’s SIC code is 5171 (NAICS 422710) – Petroleum Bulk Stations and Terminals. 3. the facility processed gasoline, diesel fuel, kerosene, or lubricating oil (includes temporary storage.) 4. the facility exceeded the 25, 000 pounds threshold. If marketers did not have to complete Form R or Form A last year, they will probably not have to file a TRI report this year. Marketers may file either Form R or Form A electronically. If you’ve submitted in the past two years, you should have received Reporting Forms and Instructions and the TRIME software CD in the mail. If you have not received the software, you can still do so electronically. To file electronically, download the TRIME RY2002 software from the EPA website at http://www.epa.gov/tri/report/i ndex.htm Filing electronically helps move the owner/operator through the various sections of Form R (or Form A) and is user-friendly. Thanks to Western Petroleum Marketer’s for including this in their May Newsletter. If you choose to print and mail in the forms, the address is: Toxics Release Inventory (TRI) Data Processing Post Office Box 1513 Lanham, MD 20703-1513 Vermiculite Attic Insulation The U.S. Environmental Protection Agency (EPA), in conjunction with the Agency for Toxic Substances and Disease Registry (ATSDR), is launching a national awareness campaign to provide consumers with important information on vermiculite attic insulation. A major component of the campaign is a consumer guidance brochure. The brochure provides instructions on how to identify vermiculite attic insulation and recommends that consumers make every effort not to disturb it. These precautions are necessary due to the potential for vermiculite attic insulation to contain small amounts of asbestos fibers. The consumer guidance brochure provides the following recommendations for homeowners: * Consumers should not disturb vermiculite attic insulation. Any disturbance has the potential to release asbestos fibers into the air. * Homeowners should limit the number of trips to attic space and shorten the duration of absolutely essential trips. People should not store boxes or other items in attics if retrieving the material will disturb the insulation. * Children should not be allowed to play in an attic with open areas of vermiculite insulation. *Homeowners should never attempt to remove vermiculite insulation. For removal, or if you plan to remodel or conduct renovations that would disturb the vermiculite, professionals trained and certified to handle asbestos should be hired to safely remove the material. To obtain copies of the brochure, please contact the Toxic Substances Control Act Assistance Information Service Asbestos Hotline at: 1-800-471-7127. You may also visit the EPA vermiculite website for an electronic copy of the brochure at http://www.epa.gov/asbestos /verm.html. To discuss this consumer awareness campaign in more detail, please contact Tom Simons at 202-566-0517 Page 6 of 11 GATEKEEPER NEWSLETTER EPA to Enforce Old SPCC Rule During Extension Period The U.S. Environmental Protection Agency (EPA) will continue to inspect and enforce the "old" spill prevention, control and countermeasure (SPCC) rule, especially the "carryover" provisions found in both the old and new versions of the rule, according to the agency's Oil Program Center. On April 17 EPA announced an extension from Feb. 17, 2003 to Aug. 17, 2004 of the deadline for facilities to amend their SPCC plans and from Aug. 18, 2003, to Feb. 18, 2005 to implement the amended plans. However, the extension does not apply to facilities currently without a plan, which are considered out of compliance and could be subject to an enforcement action. EPA headquarters is developing a national checklist for SPCC inspections, in order to provide more uniformity among the regions. The checklist should be posted on the agency's Web site within a month. In addition, a series of issues papers clarifying various aspects of the revised SPCC regulations will be issued in the coming months. For more information on the SPCC regulations, see the Aboveground Storage Tank Guide. http://thompson.com/librarie s/environment/abov/index.ht ml Government to Launch Checks on Hazmat Drivers The government launched background checks May 5, 2003 on the nation's 3.5 million truckers who haul hazardous goods, part of an effort to prevent terrorist attacks. Drivers may appeal and obtain waivers. Truckers' groups are concerned people will lose their jobs because they did something years ago that disqualifies them from hauling dangerous materials. Every driver will eventually have to submit a fingerprint. The Patriot Act passed by Congress after the Sept. 11, 2001 attacks requires the checks. Certain felons including those convicted of possession of a controlled substance within the last seven years - no longer may drive trucks with hazardous materials. The same applies to anyone who has been judged mentally incompetent and illegal immigrants. The Transportation Security Administration will be checking state and federal records to determine which truckers fall into those categories. Those who do will lose their licenses to haul hazardous materials, though they may keep their commercial licenses. “Our intent is not to put anyone out of work,” said Brian Turmail, administration spokesman. There have been two terrorist attacks on U.S. soil involving truck bombs: the World Trade Center in 1993 and Oklahoma City in 1995. A year ago, the Transportation Department's inspector general said safeguards are lacking to prevent terrorists from getting licenses to haul dangerous substances they could use in an attack. Rich Moskowitz, spokesman for the American Trucking Associations, said background checks would not have prevented either bombing because the perpetrators used rental trucks and fertilizer and didn't need special licenses. The trucking group is concerned that state and federal authorities are not required to inform employers if drivers don't pass the background checks, Moskowitz said, leaving companies vulnerable if employees fail to inform their bosses. “If they self-disclose, we face a potential wrongful termination suit,” Moskowitz said. “If they self-disclose and we keep them on and they're involved in an incident, we face an action of negligent hiring.'” Trucks carry 94 percent of the 800,000 shipments of hazardous materials in the United States every day. There are 60,000 materials considered hazardous, from nail polish to nuclear waste, though gasoline and corrosives are the most common. To see the rule visit: http://dms.dot.gov and search for docket numbers 11117 (FMCSA), 14982 (RSPA) and 14610 (TSA). For questions about the rule, contact patriotact@dhs.gov Transportation Security Administration: http://www.tsa.gov Page 7 of 11 GATEKEEPER NEWSLETTER Environmental Resource Center® Offers Training On-Line on New Hazmat Security Plans The U.S. Department of Transportation's (DOT) Research and Special Programs Administration (RSPA) issued a final rule imposing heightened security requirements for hazardous materials shippers and carriers. Under this rule, most shippers and carriers of hazardous materials must develop and implement security plans by September 25, 2003, and employee training on the plans must be conducted within 90 days of this date. Environmental Resource Center (ERC) has developed a two-hour Webcast to train shippers and carriers on how to write a security plan. ERC’s "DOT Hazmat Security Plans Webcast http://www.ercweb.com/train /index.htm#SPWEB" will help you determine which portions of this new rule apply to your operations and provide you with the information you need to comply with the new security awareness and indepth training requirements that must be conducted either immediately or by December 22, 2003. The program will also cover risk management methodology, how to identify risk control points, how to integrate a security plan with the carriers you use, how to improve facility security and access, and how to find vulnerable spots in the transportation process. Participants will receive course materials that outline step-by-step procedures for compliance with the hazmat security plan requirements. The training will be conducted on July 10, 2003 from 1:00 p.m. to 3:00 p.m. Eastern Daylight Time. A live instructor will present the program remotely and be available to answer any questions that arise during the training. Participants will need a computer with an Internet connection and a telephone in order to participate. More information and online registration are available at http://www.ercweb.com/train /index.htm#SPWEB. You may also call Environmental Resource Center at 800-5372372; fax (919) 469-4137; email service@ercweb.com; or mail to the following address: Environmental Resource Center 101 Center Pointe Drive Cary, NC 27513-5706 Commercial Vehicle Security In response to the terrorist atrocities committed against the World Trade Center and the Pentagon on September 11, 2001, and subsequent threats to the transportation system, the Federal Motor Carrier Safety Administration (FMCSA) has initiated programs to protect the public from terrorists using commercial motor vehicles as weapons or targets. A top priority for commercial vehicle security is protecting the transportation of hazardous materials. For more information, please visit the Federal Motor Carrier Safety Administration's Motor Carrier Security web site at: http://www.fmcsa.dot.gov/se curity/index.asp Page 8 of 11 GATEKEEPER NEWSLETTER HAZMAT Security Plans; Information Collection Approval ACTION: Final rule. DATES: The effective date of this final rule is June 20, 2003. This ICR expires on April 30, 2006. FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster at: (202) 366-8553. SUPPLEMENTARY INFORMATION: I. Background: On March 25, 2003, the Research and Special Programs Administration (RSPA) published a final rule to enhance the security of hazardous materials transported in commerce (68 FR 14510). In this final rule, shippers and carriers of certain highly hazardous materials must develop and implement security plans. In addition, all shippers and carriers of hazardous materials must assure that their employee training includes a security component. Because OMB approved the information collection after publication of the March 25, 2003 final rule, OMB approval is being announced and the information is being incorporated into Sec. 171.6, “Control numbers under the Paperwork Reduction Act.”, under OMB Control No 2137- 0612. II. Summary of Regulatory Changes: Section 171.6 The table in paragraph (b)(2) to incorporate a new information collection, OMB No. 2137-0612, “Hazardous Materials Security Plans,” and the affected sections, which include a new part 172, subpart I--Security Plans and Sec. Sec. 172.800, 172.802, and 172.804. For a copy of the document please see: http://a257.g.akamaitech.net/ 7/257/2422/14mar20010800/ edocket.access.gpo.gov/2003 /pdf/03-13238.pdf Upcoming Workshop/Conferences 30th Annual AESA Conference June 4-5, Mesa For information on this two day conference or the one day course on Basic Incident Command System call 602273-1411. AUDIO CONFERENCE: Chemical Plant Security What Precautions Do You Need to Take? A 90-Minute Interactive Audio Conference, Tuesday, June 10, 2003; 2:00 p.m. Eastern Time Hosted by Thompson Publishing Group, publisher of the Chemical Process Safety Report and the Community Right-to-Know Manual. Visit: http://www.thompson.com/a udio/data/2003_0610.html?P RIORITY=FKNX61630 for cost and details. WORKSHOP ANNOUNCEMENT: Wednesday, June 18, 2003 4:00-5:00 p.m. Bryan Cave Law Offices Two N. Central, Suite 2200, Phoenix This program is geared for all levels and fields from beginning to advanced environmental practitioners, real estate practitioners, consultants and developers. This seminar will cover the background, basics and recent developments regarding "Phase I"s: *What is a "Phase I" assessment including critical elements. *Common errors & issues *Recent developments including CERCLA amendments & EPA rulemaking plans. Faculty John Jacobs, US Small Business Administration Michael Ford, Bryan Cave LLP Call: 602-257-4200 / Fax: 602-257-0522Or E-mail to: bglass@mcbabar.org UPCOMING CONFERENCE JUNE 1920, SCOTTSDALE Arizona Emergency Medical Systems, Inc. conference, "EMS Odyssey 2003, A Learning Adventure for EMS and Other Healthcare Professionals" contact: Peggy Baker Arizona Emergency Medical Systems, Inc. (AEMS) PO Box 33116 Phoenix, AZ 85067-3116 Office: (623) 847-4100 Fax: (623) 847-3773 Email: pbaker@aems.org Page 9 of 11 GATEKEEPER NEWSLETTER Reg of the Day – From Environmental Resource Center Who must prepare and certify SPCC plans? the DOT's hazardous materials website at According to 40 CFR 112.3(d)(2), EPA requires the owner or operator of an onshore or offshore facility subject to the requirements of the oil pollution prevention regulations prepare a spill prevention control and countermeasure (SPCC) plan. http://hazmat.dot.gov/gydebo ok.htm A licensed Professional Engineer must review and certify a SPCC for it to be effective to satisfy the requirements of the regulations. The PE certification does not in any way relieve the owner or operator of a facility of his or her duty to prepare and implement the plan in accordance with the regulations. According to 40 CFR 112.3(e)(1), facility owners or operators must maintain a complete copy of the SPCC plan at the facility if the facility is normally attended for at least 4 hours per day, or at the nearest field office if the facility if not so attended. DOT 49 CFR 172.602 DOT Emergency ResponseGuidebook Online In 49 CFR 172.602, the DOT's Hazardous Materials Regulations outline the requirements for written emergency response information. One way to meet this requirement is to utilize the 2000 Emergency Response Guidebook (ERG). The ERG can be accessed on From this link, you can search and print out individual guides for use as emergency response written information. Shippers of hazardous materials must provide and carriers must maintain written emergency response information for all shipments of hazardous materials except when a shipping paper is not required or the material is classified as ORM-D, e.g. consumer commodities. DOT 49 CFR 105.20 Does the DOT have a hotline for hazmat questions? Yes. As detailed in 49 CFR 105.20, the Hazardous Materials Information Center can be reached at 800-467-4922. Specialists are available to assist with questions from 9:00 am - 5:00 pm (Eastern time) on Monday-Friday except for holidays. In order to use the service, callers must give their name and phone number. Also, questions on the hazardous materials regulations can be e-mailed to infocntr@rspa.dot.gov or mailed to the address cited in 49 CFR 105.20(a)(4). The hazardous materials website, http://hazmat.dot.gov is also an excellent source of information on the regulations. Shippers and carriers of hazardous materials may find this contact information to be very helpful when questions on the hazardous materials regulations arise. Can a liquid be a "solidwaste?" Yes. EPA defines a solid waste in 40 CFR 261.2 as a discarded material that is either abandoned, recycled, inherently waste-like, or a military munition. Taking a more simplified approach in Appendix I to Part 260, EPA identifies a solid waste as any garbage, refuse, or sludge that is a solid, liquid, semi-solid or gaseous material. The term "solid waste" is employed by RCRA because of its roots in the Solid Waste Disposal Act of 1965 (SWDA), where the term was originally used. In 1976, RCRA was incorporated as a major amendment to SWDA. When is a container considered empty according to DOT? In 49 CFR 173.29, DOT places transportation restrictions on a container that previously held a hazardous material unless it has been sufficiently cleaned of residue and purged of vapors to remove any potential hazard. DOT further interpreted this rule by stating that the requirements for packaging, shipping papers, marking, and placarding apply to "empty" containers holding a hazardous material residue. Consequently, a previously used container is empty and no longer subject to DOT regulation only after it has been fully emptied and completely cleaned so that nothing hazardous remains. Page 10 of 11 GATEKEEPER NEWSLETTER Featured Products From the Safety Online Newsletter The Safety Online Newsletter http://www.safetyonline.co m Tuesday, May 6, 2003 1) Level C Law Enforcement First Responder Kit: The Backup Training Corporation has teamed up with Adamson Industries, to provide law enforcement agencies with a Level C Law Enforcement First Responder Kit. http://www.safetyonline.com /nl/26928/584740 2) Health & Safety Brochures 62 Focused Topics: Important health & wellness, safety, productivity and money management issues are addressed in a series of high-interest, single-subject brochures... http://www.safetyonline.com /nl/26927/584740 3) Carbon Dioxide Controller Features: For new and exiting HVAC installations Infrared CO2 detection technology Visual indication of CO2 levels... http://www.safetyonline.com /nl/26929/584740 4) Firetrace Automatic Fire Suppression Systems: American Fire Technologies announces its Firetrace automatic fire suppression systems for power plant applications. http://www.safetyonline.com /nl/26930/584740 5) SPECTRUM ON-LINE Air Monitor: The instrument is a microprocessor based continuous air monitor. http://www.safetyonline.com /nl/26931/584740 6) Safe-T-Word Bingo Cards: Safe-T-Word bingo cards contain safety instructional slogans for topics that raise awareness to general workplace hazards. http://www.safetyonline.com /nl/26932/584740 7) Switch-Off Safety Mat: Employee safety is a top priority today, especially with the increase in automated assembly lines and the use of robotics. http://www.safetyonline.com /nl/26933/584740 TRAINING OPPORTUNITIES OSHA http://www.safetyonline.com /nl/26935/584740 COMPLIMENTARY TRADE PUBLICATIONS Browse from the extensive list of trade publications by industry, title, key word or geographic eligibility to find the titles that best match your skills and interests. All of the magazines are absolutely complimentary of charge, no hidden fees, no soft or trial offers, and no obligation. http://verticalnet.tradepub.co m/main/main.html Upcoming Deadlines Clean Air Act June 15, 2003: Under 40 CFR 61.70, reports on vinyl chloride emission source activities are due. DOT June 30, 2003: HAZMAT registration due EPA Toxic Chemical Release Inventory Reports: July 1, 2003 PAST DUE! Clean Air Act May 19, 2003: For calendar year 2002. Remember... for Arizona facilities, The Arizona Emergency Response Commission, Facility Assistance Unit and the EPA receive copies. Semiannual reports due for sources subject to organic hazardous air pollutant emission controls under 40 CFR 63, Subpart G, for synthetic organic chemical manufacturing industry production processes. Page 11 of 11 GATEKEEPER NEWSLETTER Shorts CHEMICAL REACTIVITY WORKSHEET From the US CODE: TITLE 28 PART VI CHAPTER 163 Sec. 2462. The Chemical Reactivity Worksheet is a free program you can use to find out about the reactivity of substances or mixtures of substances (reactivity is the tendency of substances to undergo chemical change). It includes a database of reactivity information for more than 6,000 common hazardous chemicals. The database includes information about the special hazards of each chemical and about whether a chemical reacts with air, water, or other materials. a way for you to virtually "mix" chemicals to find out what dangers could arise from accidental mixing. The latest version of the Worksheet is version 1.5, released on July 1, 2002. Sec. 2462. - Time for commencing proceedings. “Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.” Visit: http://response.restoration.no aa.gov/chemaids/react.html AND THE BAD NEWS IS.... So, while there is no statutory requirement (that we've found) under the Community Right to Know to maintain Tier Two reports for any specified time limit (there is for Form Rs) it sure makes sense, either through a return receipt, tracking number (filing online), or maintained hard copy, to keep a record of submission. If you have any information or thoughts to share on this subject, please let us hear from you. You can contact us at: azserc@dem.state.az.us and your input will be acknowledged. E-LEARNING FOR HAZMAT AND EMERGENCY RESPONSE (SBIR-STTR INITIATIVE) For information visit: http://grants.nih.gov/grants/gui de/rfa-files/RFA-ES-03008.html Thanks to Marilyn Hill, Special Projects Administrator, Energy Office, Arizona Department of Commerce for sharing this with us. B.L.E.V.E. INFORMATION AVAILABLE BLEVE (Boiling Liquid Expanding Vapor Explosion) information is available at: Simulator: http://www.business.inkingsto n.com/thermdyne/ Research: http://me.queensu.ca/people/bi rk/research/thermalhazards/ Let’s Hear From You! Send us your inputs and feedback on the newsletter, including things you have done for security at your facility, exercises, or other LEPC related information you wish to share with others. 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 Visit: www.dem.state.az.us/azserc www.azserc.org (for reporting) Daniel Roe – Executive Director Roger Soden – Emergency Services Program Coordiantor 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, ADOT Director Dennis A. Garrett, ADPS Director Designees: Daniel Roe, ADEM Will Humble, ADHS Richard W. Tobin II, 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 Help us go Electronic! Please let us know if you have an e-mail address so we can conserve on paper and postage. Thanks E-Mail azserc@dem.state.az.us