GATEKEEPER NEWSLETTER

January 1, 2004
Volume IV, Edition 01

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

•

Tier Two Quality Control
and Emergency Planning

•

Underground Tanks Reveal
Low Compliance Rate

•

DOT Announces Internal
Restructuring

•

New HAZMAT Incident
Report Form

•

Upcoming Events

•

Security Alert to Petroleum
Transporters

•

Chlorine Gas Use at Water
Treatment Plants

•

SARA RQ Releases to the
Environment

•

Large Animal Rescue

•

Emergency Prevention,
Preparedness and Response

•

Regulation of the Day

•

New Emergency Response
Training Tool

•

Upcoming Deadlines

Gatekeeper Workshops February 11 – 12, 2004
The 14th Annual Gatekeeper
Emergency Planning and
Community Right-To-Know
Workshop will be held
February 11 – 12, 2004 at
Papago Park Military
Reservation, 5636 East
McDowell Road, Phoenix,
AZ 85008. Register Now!
The clock is ticking. We
need to get a good count for
ordering materials.
WHO SHOULD ATTEND

THE GATEKEEPER
WORKSHOPS:
Government, Business,
Industry, Educators and
Community members who
have interests in enhancing
and/or validating their
understanding of and
obligations under the
Hazardous Chemical
Emergency Planning and
Community Right-To-Know
laws. Presentations planned
include information on:
Emergency Planning,

Emergency Release
Notification, Chemical
Inventory Reporting, Toxic
Chemical Release Inventory
Reporting, Transportation,
Risk Communications, Green
Chemistry and more!
The registration forms are online at:
http://www.dem.state.az.us/azs
erc/upcoming1.htm
For additional information call
602-231-6346.

Hazardous Chemical Inventory (Tier Two Report) Quality Control
and Emergency Planning Requirements
The Arizona Emergency
Response Commission
(AZSERC) recently received
a comprehensive Right-ToKnow Request on a number
of facilities throughout
Arizona. During the files
reviews it was discovered
that far greater attention is
needed to accurately and
completely fill out the forms!

Further, it was apparent that
not all businesses were
making the connection
between Tier Two reporting
on an Extremely Hazardous
Substance and recognizing
that they need to also submit
a plan to their respective fire
departments/districts, Local
Emergency Planning
Committees and, of course,

to the AZSERC. GOT
QUESTIONS? GET
ANSWERS! You can visit
www.azserc.org for
assistance and/or give us a
call at 602-231-6346.
EPA Quality Control
inspections may well be on
the horizon and we don't
want you to be on the
receiving end of any grief!
Forewarned!

Page 2 of 11

GATEKEEPER NEWSLETTER
U.S. EPA Inspections of Underground Tanks Reveal Low
Compliance Rate
Statewide inspections of
underground tanks
conducted in Idaho by the
U.S. Environmental
Protection Agency (EPA)
revealed major compliance
gaps with federal
Underground Storage Tanks
(UST) requirements.
Specifically, the inspections
found widespread noncompliance with leak
detection and overfill
protection requirements.
The inspectors found 141
violations and a compliance
rate of just 34 percent, a
lower compliance rate than
normally found in other
states. The agency assessed
$22,700 in penalties for the

violations. There are about
1,300 underground storage
tanks in Idaho. In the
October inspections, officials
used two measures to
determine the compliance
rate; the proper operation
maintenance of leak
detection equipment and the
presence of prevention
upgrades such as overflow
devices, spill containment
and corrosion protection.
Inspectors also checked for
other types of operational
compliance such as
monitoring and record
keeping, but not for actual
leaks. EPA is responsible
for regulating underground
storage tank compliance in

Idaho, the only state which
does not have its own UST
program. The EPA launched
the inspection due to evidence
of an increase in the number of
releases from underground fuel
tanks in the state. Earlier this
year, the agency conducted
two emergency removal
actions where gasoline leaking
from USTs had contaminated
both groundwater and surface
water.
(So we’re in Arizona! But, if
the shoe fits …)
Courtesy of Petroleum
Transportation and Storage
Association (PTSA) Weekly
Update November 14, 2003.

17 Facilities Charged with SPCC Violations
EPA is seeking penalties of
more than $400,000 against
17 facilities in North Dakota
for alleged violations of the
federal Spill Prevention,
Control and Countermeasure
(SPCC) regulations. The
proposed penalties range
from $8,192 to more than
$47,000 per facility based on
oil storage capacity and the
seriousness of the alleged
violations. The facilities
also will be required to
develop and implement
SPCC plans, and/or clean up
spills and take corrective
action.
The enforcement actions

stem from inspections EPA
conducted in September
2002 at 44 eastern North
Dakota facilities that store,
distribute or use oil. At 17 of
the facilities, EPA found
several alleged major
violations of the SPCC
regulations, including one or
more of the following: lack
of adequate secondary
containment, lack of an
adequate SPCC plan, lack
of employee training, lack
of adequate facility
security and failure to
clean up oil spills. Some of
the facilities had numerous
or repeat violations.

The agency is not proposing
penalties for 13 of the 44
facilities because they either
had no violations or took the
corrective actions necessary
to achieve compliance
subsequent to the
inspections. Investigations
are continuing at two other
facilities, and an additional
12 facilities had less serious
violations that will be
promptly addressed and will
result in smaller penalties,
EPA said.
Thanks to Thompson
Publishing Group

Page 3 of 11

GATEKEEPER NEWSLETTER
New Deadline Set for Background Check Requirement
After an outcry by the states,
the trucking industry and
labor unions, the
Transportation Security
Administration (TSA)
extended the deadline for
states to comply with the
new background check
requirements to April 4,
2004. TSA also granted
states with the ability to
apply for an extension of the
rule until December 1, 2004.
The Rule issued by TSA
requires that states be
charged with designing and
implementing processes for
collecting fingerprints from
hazmat truck drivers. TSA
will take the states’ information and determine if an

individual poses a security
risk. It will also be
responsible for administering
a waiver process and will
oversee any appeals.
Drivers applying for hazmat
endorsement will be subject
to the background checks
which will focus on
convictions for mishandling
hazardous materials,
kidnapping, murder, fraud,
immigration law violations,
terrorism crimes and
substance abuse. Those
convicted of any of these
crimes in the past seven
years and/or those who were
incarcerated during the past
five years will be disqualified and will not be

granted a hazmat
endorsement.
Drivers are likely to face a
lengthy and expensive
process with the new background checks. Individuals
will need to visit their state
department of motor vehicles
to apply for the hazmat
endorsement, visit the police
department for fingerprints
and then wait for TSA to
clear their application. The
license fees are expected to
cost $100 or more and it is
estimated that drivers will
lose at least three half-days
going through the process.
Courtesy of Western
Petroleum Marketers
Association

U.S. Transportation Announces Internal Restructuring to Improve
Research and Development Capabilities
In a move to further improve
the research and development capabilities of the
department, U.S.
Transportation Secretary
Norman Y. Mineta
announced an internal
restructuring plan that would
create the department's first
agency dedicated solely to
promotion and development
of innovative transportation
and safety-related research
and technologies.
The department's plan would
transform its Research and
Special Programs
Administration (RSPA) into
a new agency called the
Research and Innovative
Technology Administration
(RITA), shifting several
regulatory and operational
responsibilities to other areas
of the department. The
agency would be responsible
for the research and
development functions
currently performed by
RSPA and for the systematic
and consistent coordination
among all of the

department's research
facilities, providing the
department for the first time
with comprehensive reviews
and analyses of its research
and development progress
and product development.
RITA would integrate into
its operations the Intelligent
Transportation Systems Joint
Program Office, currently
within the Federal Highway
Administration, and all of
the statistical and research
functions of the Bureau of
Transportation Statistics.
In turn, several operational
divisions currently within
RSPA would shift to other
areas. The Office of
Emergency Transportation
and the Crisis Management
Center would shift to the
department's Office of
Intelligence and Security
(OIS) to create a central
office dedicated solely to
security, intelligence and
emergency response needs.
The Office of Pipeline
Safety, which regulates the

safety of the nation's
pipelines, would be folded
into the structurally and
operationally similar Federal
Railroad Administration
(FRA), which would be
renamed the Federal
Railroad and Pipeline
Administration (FRPA).
The intermodal regulation of
transportation of hazardous
materials would be moved
from RSPA's Office of
Hazardous Materials to the
department's Office of the
Assistant Secretary for
Transportation Policy to
create a single, intermodal
HazMat standard setting
agency for all modes within
the department.
Most of the department's
proposal, which maintains
program budgets and
staffing, can be accomplished administratively,
however, some changes will
require specific legislation.
Thanks to NASTTPO

Page 4 of 11

GATEKEEPER NEWSLETTER
DOT Issues Final Rule on New HAZMAT Incident Report
Requirements and Forms
Beginning July 1, 2004, the
Department of
Transportation’s (DOT)
Research and Special
Programs Administration
(RSPA) will require hazmat
transporters to fill out a
revised reporting form when
an accident occurs. The
majority of the rule is
beneficial in that it simplifies
the reporting form.
However, there are a couple
of changes marketers should
be aware of. First, due to a
previous ruling, RSPA will
require a report when a spill
occurs during loading and
unloading of fuel, since they
are now defined by the

agency as a transportation
function.

only those thanks that need
immediate repair.

Even more onerous is that
RSPA has changed
requirements for tanks with
over 1,000 gallons of
capacity. Reports must be
filed if the tank requires
repair resulting from an
incident, even if no release
of fuel occurred. Petroleum
Marketers Association of
America (PMAA), along
with other associations, will
be filling an appeal to the
agency asking that they
narrow the language. They
will request the agency to
narrow the requirement to

The new forms and
instructions are available at
the agency’s web site
http://hazmat.dot.gov/spills.h
tm or by calling their Fax on
Demand service at 1-800467-4922. Keep in mind that
you can make multiple
copies of the form and
distribute them to your
employees.
Thanks to
Western Petroleum
Marketers Association

Sequence of Dangerous Goods Information on a Shipper's Declaration
Until December 31, 2004,
the preferred sequence of
listing dangerous goods
information on a Shipper's
Declaration is in the
following order: proper
shipping name, hazard class
or division number, UN or
ID number, and applicable
packing group. An alternate

sequence is allowed to
correspond to the U.N.
Recommendations: UN or
ID number, proper shipping
name, hazard class or
division number, applicable
packing group.
Examples include:
Acetyl chloride, 3, UN 1717,

II, 8
UN 1717 Acetyl chloride 3
(8) II
It is anticipated that after
January 1, 2007, only the
latter sequence will be
permitted.

Upcoming Events
Academy of Certified
Hazardous Materials
Managers (ACHMM)
Monthly Meeting January 7,
2004 from 6:00 – 7:30 p.m.
at Old Spaghetti Factory,
1418 N. Central, Phoenix.
Guest Speaker is Mr. Ed
Ricci.
Contact Chuck Paulausky at
480-694-1975 for details
Free HAZMAT Awareness
Training
DOT is strongly considering
hosting a FREE one day Haz

Mat Awareness workshop in
Yuma. It would include
(HazMat Communication)
shipping papers, Placarding,
labeling, UN packaging
selection, how to read the
ERG and HazMat Security.
Many of these segments will
be part of RSPA's
Multimodal Seminar in
April. For additional
information contact
Pat.Romero@rspa.dot.gov
US DOT TRAINING
COMING TO PHOENIX,
APRIL 21 & 22, 2004
Stay Tuned!

National Association of
SARA Title Three
Program Officials
(NASTTPO)
NASTTPO will hold its
annual conference in
Portland, Maine, April 12 –
16, 2004. The conference
will be followed by a three
day course in Computer
Aided Management of
Emergency Operations
(C.A.M.E.O.) from April 16
– 18, 2004.
Information can be obtained
at www.nasttpo.org

Page 5 of 11

GATEKEEPER NEWSLETTER
Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE)
School Preparedness
"A Biosecurity Checklist for
School Food Service
Programs: Developing a
Biosecurity Management
Plan." US Department of
Agriculture. October 2003.
http://schoolmeals.nal.usda.g
ov/Safety/biosecurity.pdf
WMD/MEDICAL
Emergency Planning Web
Resources
A master list of WMD and
Medica Emergency Planning
web resources is maintained
by Rhode Island. As they
find new sources they are
added to the list and so it is
constantly growing. This
list is available as a word
document from theur
department web site. This
list is updated every few
months:
http://www.health.ri.gov/biot
/web_sites.doc
Security Alert to
Petroleum Transporters
The Department of
Homeland Security (DHS)
has issued a security alert to
the nation's operators of bulk
petroleum transporters
advising of "suspicious
incidents involving
commercial bulk refuelers,"
the Society of Independent
Gasoline Marketers of
America said in its weekly
report released on 15
December. The alert, dated
11 December, said:
"According to Law

Enforcement reporting, there
have been five suspicious
incidents involving
commercial bulk refuelers
since July 2003. All five
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." Two of the
incidents, both of which
occurred in North Carolina
on 30 August and 14
September, "involved
'middle eastern looking' men
who parked their vehicles
near the bulk refuelers to
observe and in one instance
photograph the refueler
while it was offloading fuel."
In two other incidents, both
of which occurred in South
Carolina on 3 July and 2
September, "drivers reported
'middle eastern looking' men
who actually followed the
refuelers while they where
driving their routes." In one
of the incidents, the driver
reported being followed for
33 miles with his follower
making several attempts to
have the truck pull to the
side of the road. The most
recent incident, which
occurred on 4 December, "a
driver for Sunoco
Corporation reported to the
New York Highway Watch
that a 'middle eastern
looking' individual was
acting suspiciously at the
fuel depot/terminal in Erie
County, New York." The
alerts said the incidents

could be related given their
timing and location along the
East Coast. It added: "While,
it is not know 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."
ANALYSIS: Just as al
Qaeda used fully fueled
aircraft to become bombs,
they are known to be
interested in using other
modes of transportation in
similar ways, especially fuel
tankers. DHS has issued at
least four other such security
alerts regarding vehicle
borne improvised explosive
devices (VBIEDs). The
incidents reported in the
latest alert point to the value
of the Transportation
Security Administration's
(TSA) Highway Watch
Program, established to
promote security awareness
among all segments of the
commercial motor carriers
and transportation
community. They also
highlight the cooperation the
program has received from
industry groups like the
American Trucking
Association (ATA), a Watch
program participant, which
launched a complementary
Anti-Terrorism Action Plan
to help prevent trucks from
being used as terrorist
weapons.

Page 6 of 11

GATEKEEPER NEWSLETTER
Local Emergency Planning Committee (LEPC) Corner
Chlorine Gas Use at Nation's Water Treatment Plants Puts
Millions at Risk
According to a report by
Environmental Defense, a
Washington, D.C. based
environmental advocacy
group, 19 million U.S.
residents are at risk from
potential chlorine gas
releases from wastewater
treatment facilities that use
chlorine. Environmental
Defense has been urging
passage of a chemical
security measure sponsored
by Sen. Jon Corzine, D-NJ,
which would require the use
of inherently safer technologies, including safer
chemicals.

also said that an incident
resulting in a chlorine release
from one of six major
facilities studied would
affect more than a million
residents, and an incident at
one of 39 other facilities
would affect more than
100,000 people.
(Meanwhile, at least 12 of
the wastewater plants
surveyed since 1999 have
substituted safer
alternatives to chlorine,
which has reduced the risk
of chlorine gas exposure to
an estimated 20 million,
according to the study).

The report, released Nov. 2,
2003, "Eliminating
Hometown Hazards: Cutting
Chemical Risks at Wastewater Treatment Facilities,"

At the same time, the group
criticized governmental
regulations that restrict the
public's access to information. "Public access to this

information is now available
on a restricted basis, but the
public's right-to-know about
risks in their own
communities is under threat
of being eliminated entirely
by some in Congress," said
the report's author Carol
Andress. "Instead of hiding
hazard information,
Congress should require
plants to stop using
dangerous chemicals that
place millions of Americans
at risk." She also said that
government officials should
withhold public funding for
any wastewater facility that
uses chlorine gas in
populated areas.
Thanks to Thompson
Publishing Group

GOT GAS?
If you have ten thousand
pounds or more of fuel at
your facility at any one time
and you are NOT a retail
motor vehicle gas station
with the fuel in underground

tanks that are in full
compliance with the
Underground Storage Tank
program.... YOU MUST
COMPLETE THE TIER
TWO HAZARDOUS

CHEMICAL INVENTORY
REPORT. Aviation
facility? Marina gas for
boats? Car Dealer?
Maintenance Yard? YUP!!
You need to report!

SARA RQ Releases to the Environment
A release must be reported
under SARA Title III if the
release is:
(a) an extremely hazardous
substance (EHS) or a
CERCLA hazardous
substance,
(b) in an amount equal to or
greater than the published
reportable quantity (RQ),
and
(c) to the environment or
such that human health
beyond the boundaries of the
facility is threatened.

The term "environment" is
defined at 40 CFR 355.20
http://www.access.gpo.gov/n
ara/cfr/cfrhtml_00/Title_40/4
0cfr355_00.html to include
the water, air, and land and
the interrelationship that
exists among and between
water, air, land, and all living
things.
A substance can enter the
environment in a number of
different ways, some of
which may not be

immediately apparent. For
example, you must be
aware of whether a released
substance is volatile and can
release fumes or vapor to the
air. You must also know
where drainage systems at
your facility empty in order
to identify whether the
release has the potential to
enter the environment once it
is in your drainage system.
Thanks to:
Environmental Resource
Center

Page 7 of 11

GATEKEEPER NEWSLETTER
Environmental Resource Center Offers Free 2004 Environmental &
Safety Compliance Calendar
Environmental Resource
Center's 2004 Environmental
& Safety Compliance
Calendar is now available as
an Internet download as well
as in print. Included in this
calendar are essential
compliance dates for each
major environmental and
safety law, as well as
telephone numbers for state
and federal regulatory
agencies.
This calendar has been
developed by Environmental
Resource Center® to provide
guidance to companies that
must meet compliance
deadlines for RCRA, DOT,
SARA Title III, OSHA

Hazard Communication
Standard, Clean Air Act,
Clean Water Act, and more.
With federal and state
regulations changing at a
record pace and the penalties
for noncompliance climbing,
no company can afford to be
uninformed about the
requirements that impact
their activities.
The electronic version of the
2004 Environmental &
Safety Compliance Calendar
incorporates search features
that allow users to quickly
locate information, such as
the deadlines that affect them
or the phone number of their
state agency.

A 2004 Environmental &
Safety Compliance Calendar
is available free. To
download an electronic
version, visit
http://www.ercweb.com/cgibin/compcal.asp. To request
a print version, visit
http://www.ercweb.com/cgibin/compcalprint.asp, e-mail
service@ercweb.com, call
(919) 469-1585, fax (919)
342-0807, or mail a request
to the following address:
2004 Compliance Calendar
Environmental Resource
Center
101 Center Pointe Drive
Cary, NC 27513-5706

Large Animal Rescue
Interested in attending a
large animal rescue course?
A group from Clemson
University travels all over
the country teaching
stakeholders how to deal
with large animal
emergencies, such as horse
trailer accidents, horse/cattle
caught in floodwaters,
canals, etc. The course is
three days long with the
purpose of not only rescuing

the animal, but more
importantly to do so without
injury to the responders.
This group is going to be
teaching the course in Texas,
the last of July and could be
in Arizona the first of
August if there’s enough
expressed interest it might be
possible to conduct three
classes, one in the south,
central and north areas. If

three classes are conducted,
the charge will be $2,500 per
course. With twenty-five
participants per class, this
would amount to $100 per
person/agency.
If you or your organization is
interested in sending 1, 2, or
3 people please RSVP to Dr.
Lorna Lanman, at
Lorna.Lanman@agric.state.a
z.us or call 602-542-0964.

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)

(Firefighting Vehicle)

Ak-Chin Fire Dept. $40,410;
Avondale Fire Dept. $24,696;
Buckskin Fire Dept. $61,380;
Tonto Village Fire Dist. $45,936

Beaver Dam/Littlefield Fire
Dist. - $98,285;
Forest Lakes Vol. Fire Dept.
- $190,000
(Fire Prevention)
City of Mesa Fire Dept. $52,549

Page 8 of 11

GATEKEEPER NEWSLETTER
Emergency Prevention, Preparedness and Response
Update is from EPA's Office
of Emergency Prevention,
Preparedness and
Response.
The Organization for
Economic Cooperation and
Development (OECD) has
finalized several guidance
documents related to
chemical emergency
prevention, preparedness,
and response. The OECD is
an intergovernmental
organization in which
representatives of 30
industrialized countries and
the European Commission
meet to coordinate and
harmonize policies, discuss
issues of mutual interest and
work together to respond to
international concerns. The
OECD's Working Group on
Chemical Accidents has
been the driving force within
the OECD framework for
developing these guidance
documents. The objective of
this OECD Working Group
is to provide an opportunity
for experts from
governments, labor,
international organizations,
and other interested parties
to exchange information and
experience, and based on
this, to develop guidance on
the prevention of,
preparedness for, and
response to chemical
accidents. The primary
guidance document which
has been developed is the
OECD's "Guiding
Principles for Chemical
Accident Prevention,
Preparedness, and
Response."
The first edition of this

document was published in
1992 and has been recently
revised to include results of
efforts, activities, and
workshops over the past 10
years. This second edition is
a more comprehensive
document to help public
authorities, industry, and
communities worldwide
prevent and prepare for
accidents involving
hazardous substances
resulting from technological
and natural disasters, as well
as sabotage. It is
internationally accepted as a
valuable resource in the
development and
implementation of laws,
regulations, policies, and
practices related to chemical
safety. A copy is available
for viewing online at:
www.oecd.org/document/61/
0,2340,en_2649_34369_278
9821_1_1_1_37465,00.html
Additionally, an interactive
version of the Guiding
Principles is available
through the OECD webpage
at the following address:
http://www1.oecd.org/scripts
/ehs/guidingprinciples/index.
asp
The Working Group,
enlisting input from experts
worldwide, has developed a
companion document to the
Guiding Principles. This
document, entitled
"Guidance for Safety
Performance Indicators",
serves as a guide for key
Stakeholders to use in
determining if their
implementation of the
Guiding Principles or similar
chemical emergency

prevention, preparedness,
and response programs, has
led to improvements in
chemical safety. The
"Guidance for Safety
Performance Indicators"
provides a systematic
approach to measure the
success of stakeholders'
chemical safety programs by
detailing targets, activities
indicators, and outcome
indicators of a safety
performance approach. The
Guidance affords flexibility
for groups to design
programs to assess their own
performance related to the
prevention of, preparedness
for, and response to chemical
accidents. This guidance
should be published in an
interim version shortly and
will be available in hard
copy, on the web, and as an
interactive version.
The OECD is requesting
volunteers to pilot the
guidance over the next two
years, provide their results
and lessons learned, and
publish a final, revised
version in 2005 based on the
results of the pilot program.
If you are interested in
volunteering, please contact
Kim Jennings on (202)5647996 or by email:
jennings.kim@epa.gov.
Both of these international
documents can be used as
valuable resources in
the U.S. chemical safety
program by Local
Emergency Planning
Committees, industry
representatives and others.

Page 9 of 11

GATEKEEPER NEWSLETTER
Reg of the Day – From Environmental Resource Center
DOT HazMat Subsidiary
Label Revisions
According to 49 CFR
172.402(b)
http://www.access.gpo.gov/n
ara/cfr/cfrhtml_00/Title_49/4
9cfr172_00.html shippers
may continue to use
available hazard class labels
without the hazard class or
division number displayed in
the bottom corner to exhibit
subsidiary hazard for
domestic transportation if
they are doing so to exhaust
existing supplies or until
October 1, 2005, whichever
comes first. Beginning in
October 2005, all hazard
class labels (primary and
subsidiary) will be required
to have the hazard class or
division number displayed in
the bottom corner of the
label.
Hazard class labels are
required on:
*Non-bulk packages
containing hazardous
materials
*Bulk packaging with
capacities of less than 640
cubic feet unless they are
placarded
*Portable tanks with a
capacity of less than 1,000
gallons, unless placarded
*DOT specification multiunit tank cars, unless
placarded
*Overpacks

*is formed to a specific
shape or design during
manufacture
*has end use function(s)
dependent in whole or in part
upon its shape or design
during end use
*does not, under normal
conditions of use, either
release more than very small
quantities of any hazardous
chemical or pose a physical
hazard or health risk to
employees
The definition also includes
an explanation that the
phrase "very small
quantities" can be thought of
as "minute or trace amounts
of a hazardous chemical (as
determined under paragraph
d) is a reference to the
hazard determination portion
of the HazCom Standard.
http://www.osha.gov/pls/osh
aweb/owadisp.show_docume
nt?p_table=STANDARDS&
p_id=10099 OSHA’s
definition of an article is
available on-line here
http://a257.g.akamaitech.net/
7/257/2422/20cot20031500/e
docket.access.gpo.gov/cfr_2
003/julqtr/29cfr1910.1200.ht
m with interpretations here
http://www.osha.gov/pls/osh
aweb/owalink.query_links?sr
c_doc_type=STANDARDS
&src_unique_file=1910_120
0&src_anchor_name=1910.1
200(d)

Hazard Communication
Requirements for Articles

Marks on Vehicles
Containing Intermediate
Bulk Containers (IBCs)

Under OSHA's Hazard
Communication Standard,
items meeting the definition
of an article are not
considered to be hazardous
chemicals and are therefore
not subject to the regulation.
OSHA's definition of an
article is:
A manufactured item other
than a fluid or particle that:

At times, shippers load bulk
packagings, like IBCs, of
hazardous materials in or on
transport vehicles or freight
containers. 49 CFR
172.331(c)
http://www.access.gpo.gov/n
ara/cfr/cfrhtml_00/Title_49/4
9cfr172_00.html indicates
that these vehicles or
containers must be marked

with the identification number
of the hazardous material on
each side and each end if the
required marks on the bulk
packaging are not visible. The
mark can be displayed on a
hazard class placard, orange
panel, or white square-on-point
placard as outlined in 49 CFR
172.332.
http://www.access.gpo.gov/nar
a/cfr/cfrhtml_00/Title_49/49cf
r172_00.html Shippers of
hazardous materials in bulk
packages loaded in or on
vehicles or containers must
adhere to this marking
requirement, along with the
remainder of the regulations, to
be in compliance.
International Maritime
Dangerous Goods (IMDG)
Code Stowage and
Segregation
Shippers offering dangerous
goods for transport by vessel
are sometimes asked by the
vessel operator or freight
forwarded to supply stowage
and segregation information on
shipping papers. The stowage
and segregation requirements
of the IMDG Code are
prescribed in Part 7 on
transport operations. In
addition to general provisions,
specific stowage categories
and segregation requirements
are denoted in Column 16 of
the IMDG Code Dangerous
Goods List. For example,
Category A means that the
dangerous good can be stowed
on deck or under deck on
passenger or cargo ships.
IMDG Code Chapter 7.1
details the stowage categories
referenced in Column 16.
Vessel loaders and operators
must comply with all aspects
of the requirements for stowage and segregation when
loading or transporting
dangerous goods.

Page 10 of 11

GATEKEEPER NEWSLETTER
New Emergency Response Training Tool Available
Having the tools and
knowledge to participate
effectively in response to
major incidents, natural and
otherwise, is the goal of
OSHA's latest web-based
training tool-Incident
Command System
http://www.osha.gov/SLTC/
etools/ics/index.html (ICS).

ICS is an integrated and
flexible structure that
emphasizes cooperation and
coordination in local, state,
and federal responses to
incidents that may cross
various jurisdictions and
agencies. The electronic
assistance tool highlights
planning and preparation and

the implementation of an
ICS system. The tool
includes a section on safety
aspects outlining OSHA
standards that affect ICS
workers, and provides
additional guidance
information applicable to
emergency response safety
and health.

OSHA Clarifies Guidance on Hazardous Waste Cleanup
OSHA has published a new
directive (CPS 02-02-071)
clarifying requirements and
providing enforcement
guidelines for cleanup
operations conducted under
its Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
standard (29 CFR 1910.120
and 1926.65). The directive
is written to help OSHA
compliance officers
conducting inspections of

cleanup operations. The
guidance includes a
description of required
training, medical
surveillance, clearances, and
competencies for compliance
personnel conducting these
types of inspections. Also
discussed is a possible
overlap between
HAZWOPER and other
OSHA standards, and rules
of other federal agencies.
The directive includes a

description of site cleanup
processes and information
sources, plus a list of
recommended PPE and other
equipment for officers who
plan to enter contaminated
areas. Directives may be
accessed from the menu at
OSHA's website,
http://www.osha.gov.
Thanks to Safety Online
http://www.safetyonline.com

OSHA Enters Alliance for Chemical Safety
OSHA has joined with the
Society for Chemical Hazard
Communication (SCHC) in
an alliance aiming to
improve worker understanding in the areas of
hazard communication and

chemical safety.
"Working with SCHC, we
want to not only provide
accurate, relevant, and
valuable information and
training on chemical safety,

but also encourage
employers and their workers
to adopt safe work
practices," said OSHA...
http://www.safetyonline.com
/nl/58980/584740

Shorts
"Responding to Residential
Carbon Monoxide
Incidents-Guidelines for
Fire and Other Emergency
Responders"
The Federal Emergency
Management Agency
(FEMA) and the U.S.
Consumer Product Safety
Commission (CPSC). Nov
2003
http://www.cpsc.gov/LIBRA
RY/FOIA/FOIA04/os/Reside
nt.pdf
Thanks to Greg Banner,
Emergency Response
Preparedness Coordinator,
Rhode Island Department of
Health
gregoryb@doh.state.ri.us

Substance Registry System
The Substance Registry
System (SRS) provides
information on substances
and how they are represented
in the Environmental
Protection Agency (EPA)
regulations and information
systems. Using their search
engine, you can query for
substances by common
identifiers, names, or
alternate identifiers. TRY IT
OUT at: www.epa.gov/srs
Website Address Change
Please note that
www.MSDSsolutions.com is
now www.msds.com; it's
suggested that you change

any general bookmarks or
other shortcut applications you
use on a daily basis to point to
the new web address.
Help Our Troops!
Susan Brewer heads up an
organization that distributes
care packages (underwear,
toiletries, etc.) to wounded
service personnel as they
arrive at Andrews AFB. Quite
a service. You can contact her
at:
America's Heroes of Freedom
P.O. Box 18984
Washington, D.C. 2003618984
susan@americasheroes.us or
http://www.americasheroes.us/

Page 11 of 11

GATEKEEPER NEWSLETTER
Upcoming Deadlines
TSCA (Toxic Substances
Control Act)

applicable regulatory
authority.

NOTE: The previously
reported deadline on
December 23, 2003 was
incorrect. The report cited is
due December 23, 2006.

EPCRA Reminder:
January 1, 2004

RCRA (Resource
Conservation and
Recovery Act)
December 31, 2003:
Generators or treaters of
non-wastewater residues
described under 40 CFR
261.3(c)(2)(ii)(C)(1) that
experienced a change in
process or operation
generating the waste or in
the Subtitle D facility
receiving the waste during
2003 must notify the
applicable regulatory
authority.
December 31, 2003:
Generators or treaters of
non-hazardous characteristic
waste described under 40
CFR 268.9(d) that
experienced a change in
process or operation
generating the waste or in
the Subtitle D facility
receiving the waste during
2003 must notify the

Suppliers must give notice to
each recipient of affected
mixtures or trade name
product containing toxic
chemicals with the first
shipment of the calendar
year.
CWA Reminder: January
28, 2004
Owners and operators of
metal mining facilities in
EPA Regions I – IV and VI
– X subject to the terms and
conditions of EPA’s storm
water multi-sector general
permit must submit biannual
monitoring results.
CAA Reminders: January
21, 2004
Sources subject to organic
hazardous air pollutant
emission controls under 40
CFR 63 Subpart H, for
equipment leaks from Group
V chemical process units
must submit semiannual
reports.

January 22, 2004:
Sources subject to organic
hazardous air pollutant
emission controls under 40
CFR 63 Subpart H, for
equipment leaks from Group
I chemical process units
must submit semiannual
reports.
January 23, 2004:
Sources subject to organic
hazardous air pollutant
emission controls under 40
CFR 63 Subpart H, for
equipment leaks from Group
III chemical process units
must submit semiannual
reports.
DOT/IATA/IMO: January
1, 2004
Make sure you have the new
International Air
Transportation Association’s
(IATA) Dangerous Goods
Regulations for 2004, the
International Maritime
Dangerous Goods Code,
Amendment 31, and the
North American Emergency
Response Guidebook , all
available from
Environmental Resource
Center.

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
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,

ADOT Director

Dennis A. Garrett, ADPS Director
Designees:
Daniel Roe,

ADEM

David Engelthaler,

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@azdema.gov