GATEKEEPER NEWSLETTER

May1, 2004
Volume IV, Edition 05

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:
•

Chemical Safety Alert for
Excess Flow Valves

•

Follow-on Release
Reporting

•

RMP Help for Facilities

•

New Regional Response
Center

•

DOT Issues New Rules on
Driver Safety History

•

HAZMAT Security Plans

•

ATA Lands Anti-Terrorism
Grant

•

Compendium of
Environmental Laboratories

•

New Versions of the
CAMEO Software

•

Green Investing

•

TRI Report Due July 1st

•

Lowdown on Regulatory
Reporting

•

Regulation of the Day

•

Didja Know

•

Upcoming Events

•

Shorts

New Chemical Safety Alert for Facilities Using Excess Flow Valves
FROM EPA'S OEPPRSAFETY ALERT
This April 23, 2004, update
is from EPA's Office of
Emergency Prevention,
Preparedness and Response.
New Chemical Safety Alert
for Facilities Using Excess
Flow Valves
EPA recently issued an alert
to highlight the hazards of
relying on excess flow
valves as the primary
protection to control
accidental chemical releases
from tanks and piping.

Following the investigation
of a hazardous materials
incident which resulted in
the deaths of three plant
employees and the
evacuation of 2,000 nearby
residents, the National
Transportation Safety Board
(NTSB) recommended that
EPA notify facilities
required to submit Risk
Management Plans (RMPs)
under the Clean Air Act
112(r) that tank car excess
flow valves cannot be relied
upon to stop leaks that occur
during tank car loading and
unloading operations.
EPA agrees with the NTSB

recommendation and
developed this alert titled
“Failures of Excess Flow
Valves in Hazardous
Materials Service” to
provide information on the
circumstances that can lead
to excess flow valve failures,
important design and
operational factors for
enhancing their reliability,
and alternate safeguards
available for stopping
uncontrolled releases.
This alert is available on the
EPA website at:
http://yosemite.epa.gov/oswe
r/ceppoweb.nsf/content/apchsa.htm.

Follow-On Release Reporting
Arizona Revised Statutes
(A.R.S.) 26-348 B. states:
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 local
emergency planning
committee and to the
commission a written
follow-up 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.
Since Arizona has a statute
that addresses this subject,
the EPA has indicated that
the “within 30 days” is
acceptable. For those
companies that have
facilities in states without
specified times for
submission of a written
follow-up emergency notice,
the timing is WITHIN
SEVEN DAYS!

Page 2 of 19

GATEKEEPER NEWSLETTER
Chemical Accident Prevention Rule/RMP Help for Facilities
FROM EPA's Office of
Emergency Prevention,
Preparedness and Response
(OEPPR), FORMERLY
CEPPO: (Soon to change
again!)
On March 31, 2004, the
amendment to the Chemical
Accident Prevention Rule
(Risk Management Program)
under the Clean Air Act
Section 112 (r) (7) was
signed. The amendment:
(1) Requires a correction to
reportable information on
chemical accidents be added
to the RMP within six
months of the date of the
accident;
(2) Requires that changes to
emergency contact
information be corrected
within one month;
(3) Removes the requirement
to include a brief description
of the off-site consequence
analysis (OCA) in the RMP
executive summary; and
(4) Adds three RMP data
elements.
EPA also amended the
RMP*Submit format to
expand the list of possible
accident causes to include
uncontrolled chemical
reactions. The modifications
seek to improve the accident
prevention and reporting
programs of covered
facilities, and to assist
federal, state, and local RMP
implementation in light of
new homeland security
concerns.
RMP*Submit 2004
incorporates the new data

elements required by the
amendments and will allow
you to import your data from
previous versions of
RMP*Submit. An
accompanying User’s
Manual is also available.
http://yosemite.epa.gov/oswe
r/ceppoweb.nsf/content/aprmsb.htm
As part of this rulemaking,
EPA also clarified that the
five-year deadline for
updating RMPs that were
originally filed early (i.e.,
submitted before June 21,
1999), is June 21, 2004.
This amendment was
effective upon publication
and can be viewed at:
http://yosemite.epa.gov/oswe
r/ceppoweb.nsf/vwResources
ByFilename/RMP_Revisions
FR.pdf/$File/RMP_Revision
sFR.pdf
A factsheet provides
additional information about
the reporting deadlines
and the recent changes to the
RMP reporting requirements.
http://yosemite.epa.gov/oswe
r/ceppoweb.nsf/vwResources
ByFilename/RMP2004_facts
heet.pdf/$File/RMP2004_fac
tsheet.pdf
EPA is preparing Frequently
Asked Questions (FAQs)
concerning the amendments
and plan. Updates will be
made to all of the Clean Air
Act 112(r) FAQs to ensure
that the answers are
consistent with the new
amendment.
The General Risk
Management Program

Guidance, the general
industry guidance for RMPs,
has also been revised.
http://yosemite.epa.gov/oswe
r/ceppoweb.nsf/content/EPA
guidance.htm
An internet-based tool for
correcting the administrative
sections of the RMPs online
will be available. The webbased tool will assist
facilities that have
anniversary dates after June
21, 2004 to add the new data
elements to their RMPs.
This tool will allow facilities
to make revisions and other
small changes to certain
administrative sections of the
RMP on-line, eliminating the
need to mail diskettes and
certification letters for such
corrections. This tool,
however, will not allow
correction of the executive
summary. Facilities with an
anniversary date after June
21, 2004 will receive a letter
in late May with additional
information on how to use
this tool.
Additional information about
preparing and submitting
RMPs is available on EPA's
website:
http://www.epa.gov/emergen
cies
DATES: This rule became
effective on April 9, 2004.
For Federal Register
document please see the
following link:
http://a257.g.akamaitech.net/
7/257/2422/14mar20010800/
edocket.access.gpo.gov/2004
/pdf/04-7777.pdf

Page 3 of 19

GATEKEEPER NEWSLETTER
Do You Need an NPDES Permit
Under the Clean Water Act,
EPA issued regulations
covering discharges of
pollutants from point sources
to waters of the US. The
National Pollutant Discharge
Elimination System
[(NPDES)
http://cfpub.epa.gov/npdes/ ]
is the program that requires
permits for pollutant
discharges. 40 CFR 122.1(b)
[http://ecfr.gpoaccess.gov/cg
i/t/text/textidx?c=ecfr&sid=2

48fc6d93220fd99a9fb5f43c8
2e80c4&rgn=div8&view=te
xt&node=40:19.0.1.1.12.1.6.
1&idno=40 ] details the
scope of the NPDES permit
requirements. The NPDES
program applies to
discharges from point
sources to waters of the US.
The program also applies to
owners and operators of any
treatment works treating
domestic sewage, or any
entity so designated by the

permitting authority, whether it
be EPA or a governing state
agency.
If your facility discharges
pollutants to waters of the US,
it is required to apply for a
permit under this program.
Thanks to Environmental
Resource Center (ERC)
*See last month’s Gatekeeper
Newsletter.

EPA Signals SPCC Intentions in SRO Meeting
Petroleum Marketers
Association of America
(PMAA) believes EPA
wants to provide flexibility
to businesses storing less
than 5,000 gallons of oil but
cannot formally do so
without rulemaking. EPA
indicated that a new
rulemaking is very likely.

the near future.

necessary.

A few comments made by
EPA officials indicated that
oil business (i.e. petroleum
marketers, terminals and
refiners) would be an
enforcement priority,
regardless of the size of the
business.

According to PMAA
President Dan Gilligan, a
new SPCC rulemaking will
take years for EPA to
accomplish. EPA officials
indicated that one way to
ease concerns of small tank
owners in the interim is for
EPA to formally publish its
current enforcement
priorities. In this action,
EPA would signal to
businesses storing small
amounts of oil that an EPA
SPCC enforcement action
against them is unlikely in

Of considerable concern to
PMAA is the August 17,
2004 deadline for all
petroleum marketers to
rewrite and recertify existing
spill plans. EPA officials in
the meeting indicated that
the compliance deadlines
remain a concern and that
questions from Congress
have been raised. PMAA
has been meeting with
members of Congress in an
attempt to lay groundwork
for legislation extending the
August 17 deadline if

EPA commented in the
meeting that the compliance
deadlines are being closely
examined because thay could
be unrealistic for some entities.
PMAA interprets this comment
to mean that extensions of the
current August 17, 2004
deadline for new spill plans
may (emphasis intended)
happen.
The remaining portions of the
meeting were spent reviewing
for the audience the settlement
documents resulting from the
PMA, API and MAPCO
lawsuits. PMAA will continue
to focus its attention on
convincing EPA to delay the
August 17, 2004 plan revision
deadline.
Thanks to WPMA for this
article.

Shorts!
Check it Out!

rism/index.htm

National Bioterrorism
Hospital Preparedness
Program, Health Resources
and Services Administration,
DHHS
http://www.hrsa.gov/bioterro

Training Opportunities!
To see the Training
Programs that the Arizona
Chapter of the American
Society of Safety Engineers

is offering please go to
www.azasse.org/courses.htm
Thanks to:
Gary P. Fisher, MS, CSP, PE
Office Phone/FAX: (480) 9854100
Cell: (310) 614-8097

Page 4 of 19

GATEKEEPER NEWSLETTER
U.S. EPA's New Regional Response Center
The U.S. Environmental
Protection Agency's
Regional Administrator for
the Pacific Southwest,
Wayne Nastri, dedicated a
new regional response center
for emergency operations at
the agency's San
Francisco office.
At the ribbon cutting, Nastri
was joined by Mary Kruger,
director of the EPA's Office
of Homeland Security.
The center was 16 months in
the making and cost
$500,000.
"I am very proud to formally
open the U.S. EPA's Region
IX Regional Response
Center, an important
resource in our emergency
response program," said
Nastri. "The EPA's
experiences in the past 2 1/2

years -- responding to the
9/11 terrorist attack, the
Capitol Hill anthrax attack
and most recently the shuttle
Columbia recovery effort –
have yielded many lessons
learned. One of the most
important lessons is the
importance of effective and
timely data management and
communication."
Nastri explained that the new
regional response center will
serve as a "nerve center" for
telecommunications, data
management and real-time
information exchange with
other federal, state and local
emergency operations
centers, as well as joint
information centers, during
nationally significant
incidents.
Also attending the ribbon
cutting was Karen Armes,

Acting Regional Director of
FEMA Region IX in Oakland;
Sarah Spagnolo, Senior Safety
Analyst at the Department of
Energy's Livermore Lab; Ed
Lowry, Director of California's
Dept. of Toxic Substances
Control; members of the U.S.
Coast Guard's Pacific Strike
Team; representatives from
the California Governor's
Office of Emergency Services;
representatives of San
Francisco and Oaklands' Office
of Emergency Services;
Michele Moss, representing
U.S. Sen. Barbara Boxer; and
Jennifer Barton, representing
U.S. Rep. Ellen Tauscher.
For more information visit:
http://www.epa.gov/Region9/
waste/sfund/cepp/january04ne
ws.pdf
and
http://www.epa.gov/Region9/
waste/sfund/oilpp/index.html

The Differences Between Containers and Tanks
For the purposes of the
hazardous waste regulations,
it is essential to know the
difference between a
container and a tank because
tanks have more stringent
requirements than
containers. According to 40
CFR 260.10
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=e2
04176009db322d49df15476
96dff4c&rgn=div8&view=te
xt&node=40:23.0.1.1.1.2.1.1
&idno=40 a container is any
portable device in which a
material is stored,
transported, treated, disposed

of, or otherwise handled. A
tank is a stationary device,
designed to contain an
accumulation of hazardous
waste, which is constructed
primarily of non-earthen
materials (e.g., wood,
concrete, steel, plastic),
which provide structural
support. All hazardous waste
generators and transporters,
as well as treatment, storage,
and disposal facilities should
know the difference between
a tank and a container
because each unit must
comply with the appropriate
regulations for that specific

storage device. Container
regulations are at 40 CFR
264/265 Subpart I
http://ecfr.gpoaccess.gov/cgi/t/
text/textidx?c=ecfr&sid=e2041
76009db322d49df1547696dff4
c&rgn=div6&view=text&node
=40:23.0.1.1.5.9&idno=40 and
tank regulations are at 40 CFR
264/265 Subpart J
http://ecfr.gpoaccess.gov/cgi/t/
text/textidx?c=ecfr&sid=e2041
76009db322d49df1547696dff4
c&rgn=div6&view=text&node
=40:23.0.1.1.5.10&idno=40 .
Thanks to ERC

Shorts!
Diagnosis and
Management of Foodborne
Illnesses
A Primer for Physicians and
Other Healthcare

Professionals. AMA et. al.,
April 2004.
http://www.amaassn.org/ama/pub/category/3
629.html

Information forwarded by
Mark Libby Regional
Emergency Coordinator,
Region I (New England)U.S.
Department of Homeland
Security

Page 5 of 19

GATEKEEPER NEWSLETTER
Emergency Response Phone Numbers for International Dangerous
Goods Shipments
In 49 CFR 172.604
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=cf
608d1703e0ce8fa70407ee17
4b6937&rgn=div8&view=te
xt&node=49:2.1.1.3.7.7.25.3
&idno=49 , the Department
of Transportation (DOT)
identifies requirements for
providing an emergency
response telephone number
for hazardous materials
shipments. Unless the
material is excepted, this
provision applies for all
modes of transportation -highway, rail, air, and ocean
-- and it is required for
domestic and international
shipments. The telephone
number selected must be

documented on the shipping
paper in a conspicuous
location.
For international shipments
of hazardous materials (also
called dangerous goods), the
emergency response
telephone number used must
be accessible from outside of
the United States. The use
of the appropriate
international access code and
phone number is critical.
The telephone number must
be monitored 24 hours per
day during transport,
loading, unloading, and
storage incidental to
transportation. The person

answering the phone must be
knowledgeable of the
hazards of the material or
have immediate access to
someone with that
knowledge so that they can
assist emergency responders
with questions that arise
during an emergency
response action. If you use
an outside service, such as
Chemtrec
http://www.chemtrec.com ,
ensure that the service is
provided with emergency
response information for all
shipments for which you use
the service, prior to placing
their phone number on your
bills of lading.
Thanks to ERC

DOT Issues New Rules on Driver Safety History
The DOT’s Federal Motor
Carrier Safety
Administration (FMCSA)
has published new
regulations concerning the
safety performance history
of commercial motor vehicle
(CMV) drivers that must be
collected by new or
prospective employers. The
new rules specify the
minimum data that needs to
be sought; from whom the
information must be sought;
and that the previous
employers must provide the
minimum driver information.
For example, prospective
employers must contact all
previous DOT regulated
employers of the applicant
driver from the last three
years and a copy of the
responses from previous
employers must be retained
by the prospective employer.
The agency believes that
these new rules will allow

employers to make better
hiring decisions of drivers to
improve safety.
Although the agency took
eight years to develop the
new regulations, they have
given the entire CMV
industry until April 29, 2004
to understand and implement
the new rules. PMAA is
developing a comprehensive
guidance document for
members, which will be
made available.
FOR FURTHER
INFORMATION
CONTACT: For technical
questions: John Berry,
Credentialing Program
Office, Transportation
Security Administration
Headquarters, East Building,
Floor 8, 601 12th Street,
telephone: (571) 227-1757,
e-mail:
John.Berry1@dhs.gov. Steve

Sprague, Maritime and Land,
Transportation Security
Administration
Headquarters, West
Building, Floor 9, 701 12th
Street, Arlington, VA,
telephone: (571) 227-1468,
e-mail
Steve.Sprague@dhs.gov.
For legal questions:
Christine Beyer, Office of
Chief Counsel,
Transportation Security
Administration
Headquarters, West
Building, Floor 8, TSA-2,
601 South 12th Street,
Arlington, VA 22202-4220;
telephone: (571) 227-2657;
e-mail:
Christine.Beyer@dhs.gov.
To see the Federal Register
document please go to:
http://a257.g.akamaitech.net/
7/257/2422/14mar20010800/
edocket.access.gpo.gov/2004
/pdf/04-7801.pdf

Page 6 of 19

GATEKEEPER NEWSLETTER
HAZMAT Driver Background Checks on Hold Until January 2005
The HAZMAT driver
“fingerprint-based”
background check will be on
hold until January 2005, the
Bush Administration told
Congress on Thursday,
March 11th. The Department
of Homeland Security (DHS)
will implement the
background checks in two
phases. First, DHS will
check names against their
terrorist watch list and other
databases, a project they

expect to complete this year.
Second, beginning in
January 2005 DHS will do a
complete criminal history
check on new and re-newing
HAZMAT drivers.
In May 2003 the
Transportation Security
Administration (TSA) issued
a regulation to run
HAZMAT drivers names
against a national crime
database and for states to

begin fingerprinting new and
re-newing drivers by
November 2003. DHS
delayed that rule last fall and
gave states an option to
either have an infrastructure
in place by April 1, 2004 or
apply for a waiver until
December 1, 2004.
Thanks to:
Western Petroleum
Marketers Association

Signatory Requirements for Hazardous Materials Bills of Lading
Shippers of hazardous
materials must legibly sign
hazardous materials shipping
documents. According to the
Department of
Transportation (DOT) at 49
CFR 172.204
http://a257.g.akamaitech.net/
7/257/2422/05dec20031700/
edocket.access.gpo.gov/cfr_
2003/octqtr/49cfr172.204.ht
m , the certifications that
must be signed on a
hazardous materials bill of
lading must be legibly signed
by a principal, officer,

partner, or employee of the
shipper or his or her agent.
This signature may be
legibly signed manually, by
typewriter or by another
mechanical means. This
differs from EPA's signatory
requirements for hazardous
waste manifests. According
to EPA at 40 CFR 262.23
http://a257.g.akamaitech.net/
7/257/2422/20cot20031500/e
docket.access.gpo.gov/cfr_2
003/julqtr/40cfr262.23.htm ,
the hazardous waste
generator must sign the

manifest certification by
hand.
DOT requires copies of the
shipping document be
retained by the shipper
for no less than 375 days
from the day the materials
were initially offered for
shipment in commerce. EPA
hazardous waste manifests
must be maintained for at
least 3 years.
Thanks to ERC

Pipeline Integrity Management in High Consequence Areas (Gas
Transmission Pipelines); Correction & Final Rule
AGENCY: Office of
Pipeline Safety (OPS),
Research and Special
Programs
Administration (RSPA),
DOT. Final Rule
SUMMARY: Corrects a
final rule published in the
Federal Register on
December 15, 2003 (68 FR
69778) that requires
operators to develop
integrity management
programs for gas
transmission pipelines
located where a leak or
rupture could do the most
harm, i.e., could impact high

consequence areas (HCAs).
The rule requires gas
transmission pipeline
operators to perform ongoing
assessments of pipeline
integrity, to improve data
collection, integration, and
analysis, to remediate the
pipeline as necessary, and to
implement additional
preventive and mitigative
actions. This document
makes minor editorial
corrections and clarifies the
intent of several provisions
in the rule. This document
also addresses a petition for
reconsideration filed by the
Interstate Natural Gas

Association of America
(INGAA). The effective
date is April 6, 2004.
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.
To see the Federal Register
document please go to:
http://a257.g.akamaitech.net/
7/257/2422/14mar20010800/
edocket.access.gpo.gov/2004
/pdf/04-6398.pdf

Page 7 of 19

GATEKEEPER NEWSLETTER
Hazmat Security Plans
According to 49 CFR 172
Subpart I
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=ad
527653644cbb30e494edc5bd
4e170d&rgn=div8&view=te
xt&node=49:2.1.1.3.7.9.25.1
&idno=49 , organizations
that offer or transport the
following types and
quantities of hazardous
materials must develop and
implement security plans:
1. A highway routecontrolled quantity of a Class
7 (radioactive) material, as
defined in 49 CFR 173.403
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9
a1932e8861fc083b6c5587cd
7444a4&rgn=div8&view=te
xt&node=49:2.1.1.3.8.9.25.2
&idno=49 , in a motor
vehicle, rail car, or freight
container;
2. More than 25 kg (55
pounds) of a Division 1.1,
1.2, or 1.3
(explosive) material in a
motor vehicle, rail car, or
freight container;
3. More than one L (1.06 qt)
per package of a material
poisonous
by inhalation, as defined in
49 CFR 171.8
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9
a1932e8861fc083b6c5587cd
7444a4&rgn=div8&view=te
xt&node=49:2.1.1.3.6.0.25.7
&idno=49 , that meets the
criteria for Hazard Zone A,
as specified in 49 CFR
173.116(a)
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9

a1932e8861fc083b6c5587cd
7444a4&rgn=div8&view=te
xt&node=49:2.1.1.3.8.4.25.2
&idno=49 or 173.133(a)
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9
a1932e8861fc083b6c5587cd
7444a4&rgn=div8&view=te
xt&node=49:2.1.1.3.8.4.25.1
2&idno=49 ;

material that requires
placarding under the
provisions of 49 CFR 172
subpart F
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9
a1932e8861fc083b6c5587cd
7444a4&rgn=div6&view=te
xt&node=49:2.1.1.3.7.6&idn
o=49 .

4. A shipment of a quantity
of hazardous materials in a
bulk packaging having a
capacity equal to or greater
than 13,248 L (3,500
gallons) for liquids or gases
or more than 13.24 cubic
meters (468 cubic feet) for
solids;

In addition to developing
plans, organizations must
also adhere to the plan.
Therefore, if your site's
security plan includes
requirements or procedures
that have not been
implemented, you are in
violation of the HMR.
Violations of this kind carry
a baseline assessment of
$6,000 and up (Appendix A
to Subpart D of Part 107Guidelines for Civil
Penalties
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=ad
527653644cbb30e494edc5bd
4e170d&rgn=div9&view=te
xt&node=49:2.1.1.1.3.4.25.2
3.1&idno=4
9 ).

5. A shipment in other than
a bulk packaging of 2,268 kg
(5,000 pounds) gross weight
or more of one class of
hazardous materials for
which placarding of a
vehicle, rail car, or freight
container is required for that
class under the provisions of
49 CFR 172 subpart F
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9
a1932e8861fc083b6c5587cd
7444a4&rgn=div6&view=te
xt&node=49:2.1.1.3.7.6&idn
o=49 ;
6. A select agent or toxin
regulated by the Centers for
Disease Control and
Prevention under 42 CFR 73
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=a9
a1932e8861fc083b6c5587cd
7444a4&rgn=div5&view=te
xt&node=42:1.0.1.6.59&idn
o=42 ; or
7. A quantity of hazardous

Hazmat security plans were
required to be completed by
September 25, 2003. If you
have not written your plan or
presented the mandatory
in-depth security training for
your employees you can
contact Environmental
Resource Center
<http://www.ercweb.com> .
They will write your plan
and provide the required
training. For details, contact
Amy Knight at
919-469-1585 x 224, or
aknight@ercweb.com.

Page 8 of 19

GATEKEEPER NEWSLETTER
ATA Lands Anti-Terrorism Grant
On Tuesday, March 23rd, the
Transportation Security
Administration (TSA)
announced a $19.3 million
cooperative agreement with
the American Trucking
Association (ATA) to
expand their Highway Watch
program, which trains
highway professionals to

identify and report safety and
security situations on our
nation’s roads. ATA’s
program is to prevent attacks
by teaching highway
professionals to avoid
becoming a target and to
recognize and report
suspicious activity to TSA.
Some highway professionals

that will receive training
under the Highway Watch
grant are commercial truck
and bus drivers, school bus
drivers, highway
maintenance cress and
bridge and tunnel toll
collectors.
Thanks - WPMA

Chemical, Biological, Radiological, Nuclear, Explosive
Hospital Emergency Response Training for WMD Events
The Emergency
Management Institute (EMI)
has completed its design and
development of the Hospital
Emergency Response
Training (HERT) for WMD
Events, E461, Course. See:
http://training.fema.gov/EMI
Web/EMICourses/E461.asp
A training calendar will be
posted in the near future at
the Noble Training Center

program at their upcoming
Annual Conference in New
Orleans, LA (June 11-12,
2004).

(Anniston, Alabama).
Indicated below are the
tentative dates.
October 25-29, 04
January 10-14, 05
May 23-27, 05
Aug 29-Sep 2, 05

Additional information can
be obtained at:
http://neshta.org/Events/Con
f2004.htm
Thanks to:
Ron Freeman, CET, CEMP
DHS, FEMA/EMI
Office: 301-447-1082

The National Environmental,
Safety and Health Training
Association is offering the
stand-alone version of this

Compendium of Environmental Laboratories
Following the terrorist
attacks on Sept. 11, 2001,
EPA recognized the need for
readily accessible information on the capabilities
and capacities of
environmental laboratories to
respond to contamination of
our air, soil, and water.
In response to this need,
EPA developed the
Compendium of
Environmental Testing
Laboratories, a web-based
tool designed to collect,
disseminate, and maintain
information on laboratories
that analyze chemical,
biological and radiochemical

analytes most likely to be
associated with a
contamination incident. The
Compendium was developed
as a tool to quickly identify
laboratories with the
capabilities to support
incident-specific response
and recovery, a critical
function not currently
available elsewhere. In nonemergency situations, the
Compendium serves as a
valuable resource for Agency
offices seeking analytical
services.
EPA anticipates the
Compendium will contain
information on

approximately 900 laboratories
by the end of 2004. As
additional laboratories
participate in this effort, the
Compendium will serve as an
invaluable tool to water
utilities, emergency
responders, and Federal, State,
and local agencies in
responding to contamination
threats, terrorist attacks, or
natural disasters.
Visit
www.epa.gov/compendium for
more information
Thanks to NASTTPO for this
article

Page 9 of 19

GATEKEEPER NEWSLETTER
Fears Rise Anew Over Homegrown Terrorists
Mon Apr 19, 9:40 AM ET
When FBI (news - web sites)
agents searched a rented
storage locker in a small east
Texas town last year, they
were alarmed to discover a
huge cache of weapons and
the ingredients to make a
cyanide bomb capable of
killing thousands....
As bad as that bombing was-168 people were killed
when the Alfred P. Murrah
Federal Building was
destroyed--federal officials

say that Krar's chemical
weapon, had it been used,
could have been far worse.
Among the remotecontrolled bombs, machine
guns and silencers
discovered during the FBI's
April 2003 raid on Krar's
storage locker were
containers of hydrochloric,
nitric and acetic acids, as
well as more than 800 grams
of sodium cyanide.
Mixed together, the
ingredients would have
turned into the same poison
once used in gas chamber

executions, and Krar had
enough of the materials to
create a bomb capable of
killing everyone inside a
30,000-square-foot building,
authorities said.
To see the complete article,
please go to:
http://story.news.yahoo.com/
news?tmpl=story&cid=2027
&ncid=2027&e=1&u=/chitri
bts/20040419/ts_chicagotrib/
fearsriseanewoverhomegrow
nterrorists
Thanks to:
NASTTPO for this article

Hospital Radiation Guidance
Radiation Incidents, "Interim
Guidelines for Hospital
Response to Mass
Casualties from a
Radiological Incident."

December 2003. Division of
Environmental Hazards and
Health Effects, National
Center for
Environmental Health. CDC

http://www.bt.cdc.gov/radiat
ion/pdf/MassCasualtiesGuid
elines.pdf

New Partnership Plans to Cut Chemical Releases in Workplaces,
Communities
EPA signed an agreement on
March 30 with OSHA and
other chemical and safety
groups establishing the
Reactive Chemical Hazards
Alliance to help reduce
accidental chemical releases.
The cooperating members
will work to provide those
involved in the manufacture,
distribution, use and storage
of chemicals with
information, guidance, and
access to training resources
on the hazards of chemicals.
Under this agreement, the
members aim to:
1. Increase awareness of the
need to identify and manage
chemical reactive hazards
(CRH) among those who
manufacture, distribute, use
and store chemicals;

2. Provide management
information, methods and
tools on chemical reactivity
hazards to a variety of
audiences in meaningful
and useful forms; and
3. Gain experience in the
use of methods and tools to
continuously improve
identification and
management of CRH.
Specifically, the members
will develop and
disseminate information
through print and electronic
media and the Internet, and
make the CCPS'
publication, " Essential
Practices for Managing
Chemical Reactivity
Hazards," available through

web sites and other
outreach media.
http://www.osha.gov/dep/re
activechemicals/index.html
EPA is working with the
American Chemistry
Council, the Center for
Chemical Process Safety
(CCPS), the National
Association for Chemical
Distributors, the Chlorine
Institute, the Synthetic
Organic Chemical
Manufacturers Association,
and the Mary Kay
O'Connor Process Safety
Center of Texas A&M
University in this
collaborative effort.
More information is
available at
http://www.osha.gov .

Page 10 of 19

GATEKEEPER NEWSLETTER
New Versions of the CAMEO Suite of Software are Available
CAMEOfm has been
upgraded to version 1.1
* Update of the chemical
library
* Site Plans added to Special
Locations module
* Import Tier2*Submit 2003
MARPLOT has been
upgraded to version 3.3.1
* Internal minor corrections
and improvements
ALOHA has been upgraded
to version 5.3
* Up to three Levels of
Concern (LOCs) for a single
release
* Updated chemical library
now includes TEELs,
ERPGs, and AEGL LOCs
*Can now model
evaporating puddles of five
different chemical solutions
WARNING: You must
backup all data that you have
added to CAMEO (like
facility data) prior to
installing the new version.
You should perform a
complete export from the
CAMEO Navigator.

Installing the new version
will overwrite all the data
files in your CAMEO folder.
This process should not
affect links to MARPLOT or
Site Plans, but backing up
the CAMEOMAP folder and
the Site Plans folder is a
reasonable precaution also.

www.nasttpo.org and click
on the CAMEO link, or visit
the EPA websites below:

Suggestion on how to do this
from John Elkman, USEPA
Region V:
Rename your present
CAMEO directory as
"CAMEOX". Once you have
installed the new CAMEO
(first delete all sample
records, if you don't want to
use them for practice), then
export your old CAMEO
files from your old CAMEO
and re-import to the new
CAMEO. Copy and Paste
the CAMEOmap and the Site
plan directories from the old
CAMEO directory to the
new CAMEO directory.

For: CAMEOfmInstaller.exe
http://www.epa.gov/ceppo/ca
meo/cameo.htm

To download the new
CAMEO, ALOHA, or
MARPLOT versions, go to
the NASTTPO web site at

CAMEOfm v1.1,
MARPLOT v3.3.1, and
ALOHA v3.3.1
http://www.epa.gov/ceppo/ca
meo/request.htm

For: ALOHA v5.3
http://www.epa.gov/ceppo/ca
meo/aloha.htm
For:MARPLOT v3.3.1
http://www.epa.gov/ceppo/ca
meo/marplot.htm
If you have questions or
need assistance...we have a
volunteer! Frank Bovee,
EPA Region X invites you
to call. (206)553-0269 or
email:
Bovee.Frank@epa.gov
Thanks for all you do Frank!

Responsible Care® Associate Program
The new Responsible Care®
Associate Program
http://www.americanchemist
ry.com/, extends the
environmental, health, safety
and security ethic of the
Responsible Care with
industry stakeholders. The
Responsible Care Associate
Program enables those

organizations or individuals
not eligible for ACC
membership or Responsible
Care Partnership status to
participate in the
Responsible Care initiative.
Potential Associate Program
participants include
academia, consultants, law
firms and sales and

marketing companies. For
more information on
becoming a Responsible
Care Associate, contact
Jennifer White at 703-7415303
Also: See
http://www.chemicalguide.c
om/

Check out the EHS Discussion Forum
An opportunity to share
information and network
with others in the field. It
costs nothing to join and can
be a valuable recource to
information sharing within
the EHS commuity. There
are many places to start

discussion, respond to posts,
place classified ads, post
resumes and job opnenings
and share news. Home page:
www.ehsnet.net
EHSNet.net Discussion
Forum:
http://www.ehsnet.net//ubbth

reads/ubbthreads.php?Cat=
Thanks to:
Kerry T. Cooley, CIH
Executive Director
EHSNet.net
http://www.ehsnet.net

Page 11 of 19

GATEKEEPER NEWSLETTER
Green Investing: A Growing Trend
EPA announced that three
socially responsible
investment (SRI)
organizations are using the
EPA National Environmental
Performance Track (PT)
program as a criterion in
developing their investment
ratings. The Calvert Group,
Innovest Strategic Value
Advisors, and KLD Research
& Analytics use
Performance Track data as
positive indicators when
evaluating corporate
environmental management.
EPA has provided PT data
publicly since 2001. Ratings
are used by investors to help
make informed investment
decisions. Positive results
can be crucial for publicly
traded companies- increasing
investor confindence,
strengthening brand
awareness and recognition,
and boosting stock indexes
and company
competitiveness.

"Investment advisors have
discovered that
environmental performance
can be an excellent indicator
of stock market potential,
"notes Chuck Kent, EPA
Director for the Office of
Community and Business
Innovation, "and
Performance Track members
represent many of the top
environmental performers in
the United States today."
The decision to use
Performance Track
membership as a screening
criterion is symbolic of a
growing trend toward
socially responsible
investing. Socially
responsible investing
incorporates economic,
environmental and social
data to provide a more
complete understanding of
overall corporate
performance.

Calvert now monitors
Performance Track
membership to identify
potential companies to
include in its socially
responsible mutual funds.
KLD uses Performance
Track data to assess how
well companies prevent
pollution and eliminate
wasteful byproducts.
Performance Track facilities
voluntarily exceed regulatory
requirements, implement
environmental management
systems (EMS), work closely
with their communities and
make three-year goals to
protect the environment and
public health.
For additional information
on Performance Track, visit
http://www.epa.gov/perform
ancetrack.
Thanks to ERC

New Emergency Response Module Now Available to Water Utilities
The Association of
Metropolitan Sewerage
Agencies (AMSA) has
released a new software
module to help water utilities
create, update, and/or revise
their Emergency Response
Plans (ERPs).* The ERP
module offers an
enhancement to the both the
Water and Water/
Wastewater versions of the
Vulnerability Self
Assessment Tool (VSAT™)
software.* The release of
this new tool will support
medium and small water
utilities in meeting the ERP
update/preparation deadlines
contained in the 2002
Bioterrorism Act.* *The new

ERP module, referenced as
VSAT™ 3.0, can be used by
utilities regardless of
whether they have used
VSAT™ to conduct a
vulnerability assessment
(VA); however users must
have the VSAT™ software
to allow the download of the
new ERP module.* The
VSAT™ 3.0 Upgrade can be
installed on any version of
VSATwater™ or
VSATwater/wastewater™
(Versions 2.0, 2.1 or 2.2).* It
is not necessary to install the
intermediate versions before
installing the VSAT™ 3.0
Upgrade.**Plans are also
underway for a similar ERP
module for wastewater

utilities.* AMSA is
collaborating with the Water
Environment Research
Foundation to make this new
module available to the users
of VSATwastewater™.*
Creation of VSAT™ 3.0 was
funded by the U.S.
Environmental Protection
Agency.*Please visit
www.VSATusers.net to
download this important new
tool or to order the VSAT™
software free of charge.
Thanks to:
Shawnita Dickens,
Assistant, Member &
Internal Services, AMSA

Page 12 of 19

GATEKEEPER NEWSLETTER
Toxic Release Inventory (TRI) Report Due July 1st
From the EPA web page:
A federal law called the
Emergency Planning and
Community Right to Know
Act (EPCRA) gives you the
right to know about toxic
chemicals being released
into the environment. The
law requires facilities in
certain industries, which
manufacture, process, or use
significant amounts of toxic
chemicals, to report annually
on their releases of these
chemicals. The reports
contain information about
the types and amounts of
toxic chemicals that are
released each year to the air,
water, and land as well as
information on the quantities
of toxic chemicals sent to
other facilities for further
waste management. The U.S.
Environmental Protection
Agency (EPA) maintains this
information in a database
called the Toxics Release

Inventory (TRI), which is
available to the public over
the Internet
(http://www.epa.gov/tri) and
in written reports.
You can download the
current edition of the
software (TRI-ME Software)
from http://www.epa.gov.tri
The Toxics Release
Inventory - Made Easy (TRIME) software is a tool to
help facilities determine and
complete their Emergency
Planning and Community
Right-to-Know Act
(EPCRA) section 313 (TRI)
reporting obligations. TRIME is interactive, intelligent,
user-friendly software that
guides facilities through the
TRI reporting experience. By
leading prospective reporters
through a series of logically
ordered questions, TRI-ME
streamlines the analysis
needed to determine if a
facility must complete a

Form R report or Form A
certification statement for a
particular chemical. For
those facilities required to
report, the software provides
the user with guidance for
each data element on the
reporting forms.
The reporting date is July 1st
and in the State of Arizona
must be filed with the
Arizona Emergency
Response Commission, at
5636 East McDowell Road,
Phoenix,
AZ 85008, the Arizona
Department of
Environmental Quality, 1110
West Washington, Phoenix,
AZ 85007 and with the US
EPA.
Questions? Call the EPA
hotline at 800-424-9346 or email the Region IX TRI
Program Manager Nancy
Sockabissin at
sockabasin.nancy@epa.gov .

What is a Facility According to SARA 313
According to 40 CFR 372.3
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=f8
e272e92e099344db1ab70c02
cc3714&rgn=div8&view=te
xt&node=40:25.0.1.1.13.1.5.
2&idno=40 , a facility
includes "all buildings,
equipment, structures, and
other stationary items which
are located on a single site or
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)." In order
to be covered by SARA
(Superfund Amendments and
Reauthorization Act) Section
313, and therefore be subject
to TRI (Toxic Release
Inventory or Form R)
reporting, a facility must
meet all specified criteria in

40 CFR 372.22
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=f8
e272e92e099344db1ab70c02
cc3714&rgn=div8&view=te
xt&node=40:25.0.1.1.13.2.5.
1&idno=40 .
An auxiliary facility is noncontiguous and non-adjacent
to a covered facility, but has
the primary function of
supporting the other
establishment's activities.
For purposes of SARA 313
reporting, an auxiliary
facility would assume the
primary SIC (Standard
Industrial Classification)
code of the covered facility it
supports. To be required
to do a TRI report, the
auxiliary facility must also
meet all other criteria in 40
CFR 372.22
http://ecfr.gpoaccess.gov/cgi/

t/text/textidx?c=ecfr&sid=f8
e272e92e099344db1ab70c02
cc3714&rgn=div8&view=te
xt&node=40:25.0.1.1.13.2.5.
1&idno=40 .
As noted in 40 CFR
372.38(e)
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=f8
e272e92e099344db1ab70c02
cc3714&rgn=div8&view=te
xt&node=40:25.0.1.1.13.2.5.
6&idno=40 , industrial parks
are exempted from TRI
reporting unless the owner of
the property also owns
interest in the individual
establishments within
the park that are subject to
SARA 313. Of course, the
individual establishments
within an industrial park are
considered facilities and are
potentially subject to TRI
reporting. Thanks - ERC

Page 13 of 19

GATEKEEPER NEWSLETTER
The Lowdown on Regulatory Reporting
It is important to know
which hazardous materials
you have, how much you
have, and exactly where it is
located. by Andrea Clark
(thanks
www.safetyonline.com)
Reporting requirements for a
facility can cover a broad
spectrum of laws,
regulations, and standards at
the federal, state, and local
levels. These requirements
may apply to a variety of
media, such as air, land,
water, and waste. It is
difficult enough to determine
whether you are adequately
meeting the requirements for
a single facility, let alone
multiple facilities across
many jurisdictions. Although
there has been a concerted
effort by regulators to
minimize repetitive reporting
of similar information to
different agencies, there may
still be some overlap. In
addition, state and local
agencies may impose
additional requirements and
stricter reporting thresholds
than those stated in the
federal law or regulation.
Given the myriad of agencies
and overlapping regulations,
here are seven things you
should know to assist you in
best managing your
regulatory reporting needs.
1) Determine who is
accountable in your
organization. Who will
ultimately be accountable for
any reporting? The person
signing the actual report may
not be the same person who
is preparing the document.
Decide who will be doing
the assessment and
preparation of the reports,
such as the Environmental
Health & Safety manager,

and who will be performing
the certification. This may be
the owner or operator of the
facility. Keep in mind the
signing or accountable party
usually must certify the
reports are complete and
accurate to the best of his or
her knowledge, under
penalty of law, including
fines, prosecution, and
potential lawsuits. Also
important to note is that
some agencies require that
an officer of the company,
engineer, certified industrial
hygienist, or other technical
professional certify to the
contents of a report.
2) Review your facility's
reporting history. What has
been reported in the past?
Gather all related previously
submitted reports and any
records that may be relevant
to hazardous materials,
including Material Safety
Data Sheets, waste
manifests, emissions testing
results, internal or agency
inspection records, and any
other that may be related. By
determining what was
required previously, you will
have a good idea what type
of reporting may be needed.
3) Assess your facility.
What types of hazardous
materials do you have?
Survey your facility by
evaluating and completing
an inventory assessment of
all hazardous materials. It is
important to know what you
have, how much you have,
and exactly where it is
located. Determine exactly
what you have currently
stored and in use at your site.
Don't forget to consider
materials that have been
shipped to and from vendors
and those that may have
been removed as hazardous

wastes or recycled during the
reporting period. Review
your current programs and
documentation, including the
materials you gathered when
you reviewed your reporting
history. Review blueprints,
site diagrams, secondary
containment methods,
process flow diagrams, and
waste streams.
Review your operations,
such as any manufacturing
processes, refining of
materials, and equipment
usage. If you have not
recently completed a hazard
analysis, you may need to
consider adding extra
security measures, especially
for sites that store larger
amounts of hazmats. Even if
you are only updating a
report from a previous year,
it is a good idea to survey
your hazards at least
annually to ensure there have
been no significant changes
in hazardous materials usage
or processes.
4) Know your regulators.
You may need to contact and
meet with your local
regulators, including fire
protection agencies, health
department officials, state
agencies, and others,
depending on your particular
facility's needs. Some areas
offer free compliance
assistance services,
especially for small business
owners. You may find you
need to report to a federal,
state, county, or other local
agency, or a combination
thereof. Some agencies
schedule regular inspections,
the frequency and length of
which may vary depending
on the specific needs of your
site.
(continued)

Page 14 of 19

GATEKEEPER NEWSLETTER
The Lowdown on Regulatory Reporting (cont.)
Maintaining active
relationships with your
regulators can help prevent
surprises during inspections
and shows you are taking an
active role in the health and
safety of your local
community.
Most agencies are willing to
work with you proactively
before an incident occurs,
rather than after an incident
has happened. Their main
concerns are the protection
of life, environment, and
property, in that order.
See whether exceptions may
apply to you based on the
type of business you operate
and the chemicals you store.
There are exceptions
available under some
regulations for consumer
goods, research and
development materials,
specific types of industry,
and other factors.
5) Validate that what is
reported is accurate and
implemented.
Is your reporting
comprehensive? Audit your
facility regularly to make
sure all safety and
environmental protection
measures are being
implemented. This is an
effective way to gauge your
reporting is accurate and
complete. Determine which
indicators you will use to
determine your success.
Evaluate whether employees
are adequately trained and
standard operating
procedures are being
followed. Make sure training
occurs regularly, especially
for new employees and when
a new hazard is introduced.
Review the audit information
and implement any
improvements and corrective
actions. You may find that

additional or more frequent
training is necessary.
Regulators may ask for
verification of what you have
reported, including hazmat
quantities, types, training,
contingency plans, and waste
management procedures.
Keeping documentation
readily available will make it
easier to verify what was
reported. You may need to
have detailed reports
describing how you arrived
at the information you
reported, including how you
met or were excepted from
various requirements.
6) Develop a system for
recordkeeping and
maintenance.
Do you currently have
system to store and update
records? If not, be strategic
and systematic in developing
one. Make sure your system
allows you to keep up with
any regularly scheduled
reporting requirements.
Track the frequency of your
reporting requirements,
whether monthly, annually,
biennially, or other. Realize
that this is a long-term
commitment, not a one-time
reporting requirement. Keep
records of any documents
that are used to complete
submitted reports, such as
internal audits, training
records, equipment
maintenance records, vendor
and contractor service
records, and previous
reports.
7) Determine resource needs.
What is the cost of
completing and maintaining
compliance? Be realistic
about the costs and resources
necessary. Determine how
many facilities must be
included in your evaluations
and decide whether you need

a single person designated
part time, someone full time,
or an entire staff to complete
these tasks. Find out whether
he or she needs additional
technical training in order to
complete the reports. (Some
reports require an engineer's
review or special
certification in order to
complete, review or sign the
documents.) Review
reporting due dates and
decide whether you need to
shift resources during certain
times of the year in order to
complete them on time. Plan
ahead and allow yourself
enough time to review the
finished disclosure before
you submit to an agency.
If you determine costs are
overwhelming, decide
whether outsourcing is a
solution you should consider,
such as software solutions or
bringing in outside
consultants.
Consider your current
processes. Can you save
money and increase
employee safety by using a
less-hazardous material that
has similar properties to one
you are using? Can your
processes or equipment be
re-engineered to make them
produce less byproduct or
waste, thereby decreasing
any related hazmat or waste
generation fees? Can some
materials be recycled? Many
agencies have pollution
prevention programs or
waste minimization
incentives available.
Determining whether your
particular facility is required
to maintain reporting
requirements can be a
complex task, but proactive
planning and allocation of
necessary resources can
make the task manageable. ♦

Page 15 of 19

GATEKEEPER NEWSLETTER
NEW Security Vulnerability Analysis Tools Available Online
SOCMA (The Synthetic
Organic Chemical
Manufacturers Association)
Chemical Site SVA Model &
Manual
http://www.socma.com/Prod
ucts/VulnerabilityAnalysis.ht
m
The SOCMA Chemical Site
Security Vulnerability
Analysis Model & Manual
are computer-based tools
that incorporate the elements
of inherent hazards,
attractiveness, potential
consequences and existing
security measures in a tiered
screening process. The
purpose of SOCMA's new
SVA tools is to provide
chemical facilities with a

mechanism to allow
flexibility and efficiency in
site vulnerability analysis.
They serve as additional
tools that can be used, just
like other existing tools, to
help facilities analyze
potential vulnerabilities and
consider where resources
will be most effective. The
idea behind the SOCMA
Model is to provide the user
with a method where most of
the information can be
supplied from conducting
simple audits. Other
information sources may be
an MSDS, census bureau
data and meteorological data.
These data can be obtained
through a variety of local
sources. The Model allows

users, in an iterative
computer-based process, to
investigate how changes in
policies and practices may
affect their overall
vulnerabilities. However, the
Model is not designed to
provide quantitative or
probabilistic risk
assessments, with respect to
terrorist or other third-party
attacks or events at plant
sites. SOCMA believes that
this tiered screening process
will be a valuable tool for
companies' security efforts,
whether conducted
independently or in
coordination with
Responsible Care® and other
stewardship programs.

Looking for Emergency Response Guidebooks! (A Reminder)
We have received requests
from private entities for the
ERG. Purchases of the ERG
2000 and reservations for the
2004 can be made. Visit
http://hazmat.dot.gov/erg200
0/commsupp.pdf .

Thanks to David Weed,
Environmental, Health, and
Safety Manager for
ChemResearch Co., Inc. who
was kind enough to give us
six 2000 ERGs. In David's
words, "we're all united in

the desire to ensure quick and
effective Emergency Response
regardless of when and where,
as it ultimately impacts
everyone in one way or
another." David's right on!
Thanks again.

Shorts
Looking for an Emergency
Medical
Services/Hazardous
Materials course?
Do a www.Google.com
search for "NFPA 473
course" and then contact
groups that offer the course.
For example,
http://www.mufrti.org/catalo
g/emergmedical.htm
According the descrption for

the "EMS/HM Level II"
course, this group offers the
course for free. The Hazmat
101 Web (tm)
http://www.hazmat101.com
Thanks to the HazmatWMD listserver!
CSB Vacancy
Announcement: Director of
Government, Public, and
Board Affairs
Washington, DC, April 23,
2004 - The U.S. Chemical

Safety and Hazard
Investigation Board (CSB)
announces it is seeking a
Director of Government,
Public, and Board Affairs,
located in the office of the
Board. To be considered for
this position, please consult the
vacancy announcement
available on our home page
(http://www.csb.gov ) under
CSB News and follow the
instructions provided.

Page 16 of 19

GATEKEEPER NEWSLETTER
Reg of the Day – From Environmental Resource Center
Can the Information on the
Shipper's Declaration of
Dangerous Goods be
Altered?
Carriers are required to
refuse shipments when the
declaration form has
been altered or amended by
someone other than the
shipper who originally
signed the declaration form.
Any alteration or amendment
to an entry of the declaration
form must bear the same
signature used to sign the
document. This provision
does not apply to the
sections on the form
designated for the air waybill
number or the airport of
departure and destination.
EPA Manifest Document
Number
A manifest document
number, as defined in 40
CFR 260.10
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=9a
574c6203b3a130d026ef450e
1e045b&rgn=div8&view=te
xt&node=40:23.0.1.1.1.2.1.1
&idno=40 , is the U.S. EPA
12 digit identification
number assigned to the
generator plus a unique five
digit document number
assigned to the Manifest by
the generator for recording
and reporting purposes. In
addition to being entered in
block 1 of the hazardous
waste manifest, the number
is also required to be marked
on hazardous waste

containers prior to
transportation off-site.
Requirements for Tags
Used for Lockout/Tagout
According to the provisions
of 29 CFR 1910.147
http://www.osha.gov/pls/osh
aweb/owadisp.show_docume
nt?p_table=STANDARDS
&p_id=9804 , tags used in
your lockout/tagout program
should meet the following
conditions:
a. Should be of the same
design and verbiage in a
given facility or plant so as
to be readily recognized as a
part of the lockout/tagout
program.
b. Should include the name
of the individual who applied
the tag. Some organizations
include a picture of the
person applying the tag.
c. Should be constructed of
materials, which will
withstand the conditions
encountered in the
workplace. This includes
both the attaching device
(i.e., string, wire tie) as well
as the tag material.
d. Should be securely
attached to the energy
isolating device(s)
so that they cannot be
accidentally or inadvertently
detached while in use.
Training concerning the use
of tags in the lockout/tagout

program should be
conducted for personnel who
are "authorized" to use the
lockout/tagout system,
employees who are
"affected" by the use of
lockout/tagout, and "other"
employees who might come
in contact with a
lockout/tagout operation.
Can Exit Doors be Locked
for Security?
According to OSHA at 29
CFR 1910.36(d)
http://www.osha.gov/pls/osh
aweb/owadisp.show_docume
nt?p_table=STANDARDS&
p_id=9724 , exit doors must
be unlocked and employees
must be able to open an exit
route door from the inside at
all times without keys, tools,
or special knowledge. A
device such as a panic bar
that locks only from the
outside is permitted on exit
discharge doors.
Exit route doors must be free
of any device or alarm that
could restrict emergency use
of the exit route if the device
or alarm fails.
An exit route door may be
locked from the inside only
in mental, penal, or
correctional facilities and
then only if supervisory
personnel are continuously
on duty and the employer
has a plan to remove
occupants from the facility
during an emergency.

Page 17 of 19

GATEKEEPER NEWSLETTER
Didja Know?
Misconceptions Regarding
RCRA P and U Lists
Commercial chemical
products that are listed on
the P and U lists at 40 CFR
261.33
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=ab
30af1c9fa88c0c773199e64f9
ac3d4&rgn=div8&view=text
&node=40:23.0.1.1.2.4.1.4&
idno=40 become hazardous
waste when abandoned
(accumulated for disposal),
disposed of, burned or
incinerated, or when they are
burned for energy recovery.
The chemicals on the P and
U lists only become
hazardous waste if they are
"unused." These lists do not
apply to waste resulting from
the use of P and U listed
chemicals.
According to 40 CFR 261.33
(comment section)
http://ecfr.gpoaccess.gov/cgi/
t/text/textidx?c=ecfr&sid=ab
30af1c9fa88c0c773199e64f9
ac3d4&rgn=div8&view=text
&node=40:23.0.1.1.2.4.1.4&
idno=40 , a commercial
chemical product (CCP) is a
chemical substance which is
manufactured or formulated

for commercial or
manufacturing use which
consists of the commercially
pure grade of the chemical,
any technical grades of the
chemical that are produced
or marketed, and all
formulations in which the
chemical is the sole active
ingredient. It does not refer
to a material, such as a
manufacturing process
waste. Such materials may
be RCRA regulated
hazardous wastes, however,
if they display a
characteristic, or are on the F
or K lists.
Electrical Requirements
and Hazardous Materials
Installation of electrical
fixtures in an environment
that contains flammable
gases, vapors, or liquids,
combustible dust, fibers or
filings is contingent on the
designation of the area.
OSHA at 29 CFR 1910.307
http://www.osha.gov/pls/osh
aweb/owadisp.show_docume
nt?p_table=STANDARDS
&p_id=9884 and NFPA 70
http://www.nfpa.org/Codes/
NFPA_Codes_and_Standard
s/List_of_NFPA_documents/

NFPA_70.asp , the National
Electrical Code, lists and
defines hazardous gases,
vapors, and dusts by
"Groups" characterized by
their ignitable or
combustible properties.
The OSHA standard
references six hazardous
(classified) locations (i.e.,
Class 1, Division I; Class I,
Division 2; Class II, Division
1; Class II, Division 2; Class
III, Division 1; Class III,
Division 2). For definitions
of these locations, please see
29 CFR 1910.399(a)
http://www.osha.gov/pls/osh
aweb/owadisp.show_docume
nt?p_table=STANDARDS
&p_id=9976 .
The electrical installation
(i.e., equipment and
associated wiring) must be
approved as intrinsically safe
in order to be permitted in
any hazardous (classified)
location for which it is
approved.
In addition to the above
listed standard, other state
and local codes may also
apply.

Upcoming Deadlines
CAA Reminders
May 1
Facilities that sell, offer for
sale, dispense, supply, offer
for supply, or transport
gasoline must comply with
the summertime reduced
Reid vapor pressure
standards (retail outlets and

wholesale purchaser
consumer facilities are
exempt from this
requirement).

CFR 63, Subpart G, for
synthetic organic chemical
manufacturing industry
production process.

May 19
Semiannual reports due for
sources subject to organic
hazardous air pollutant
emission controls under 40

And in anticipation
July 1
Form R’s due

Page 18 of 19

GATEKEEPER NEWSLETTER
Upcoming Events
Monthly ACHMM
Thunderbird Chapter
Meeting, Wednesday, May
5, 2004 from 11:30 to 1:30
PM
The May meeting will be a
tour of the Ping facility in
north Phoenix. The meeting
will start at 11:30 with lunch
at TGI Friday’s restaurant,
then move to the nearby Ping
facility at 12:30 for the tour.
Times and Places:
11:30 AM- TGI Friday’s,
11025 N. Black Canyon
Highway, Phoenix
(Attendees will pay for their
own meals)
12:30 PM- Ping, Inc., 2201
W Desert Cove, Phoenix
RSVP NO LATER THAN
MAY 3, 2004 to Chuck
Paulausky, Thunderbird
Chapter Secretary at
cpaulausky@cox.net or
(480) 694-1975.
ASSE Chapter Meeting
Meets the first Thursday of
every month from September
through June. A reminder
postcard is mailed to all
ASSE members. The next
Lunch meeting will be on
Thursday May 6, 2004.
Cost is $16 if you call in
reservations and $20 if you
fail to call in.
Luncheon meetings start at
11:30 a.m. and are held at
the Shrine's Auditorium
located 552 N. 40th St., just
south of the 202 Loop. You
must RSVP to the Chapter's
new VOICEMAIL number
at (480) 850-9554 by the
preceding Friday!
To register on line for the
lunch:
mailto:azasse@yahoo.com .
This is a link to AZASSE
Monthy Newsletter:
http://www.azasse.org/newsl
etter1.htm

Speakers:
Thursday May 6, 2004.
The speaker will be Norman
Bates Esq., speaking on
workplace violence and
premises security.
This is a link to the AZASSE
Web Site http://azasse.org
S.A.E.M.S. -Navigating the
Regulatory Maze
The Southern Arizona
Environmental Management
Society, Inc (SAEMS) is
hosting the "RCRA
PUZZLE" on May 6th, 2004.
Great agenda! I hope to see
you there.
The one-day conference will
be held at the Tucson
Convention Center in the
Crystal/Turquoise Ballroom
at 260 S. Church Ave,
Tucson. Contact Catherine
Schladweiler at 520-6299982 or
cschladweiler@pirnie.com
(EPAZ) MEETING
ANNOUNCEMENT
Environmental Professionals
of Arizona
May 13, 2004
11:30 AM - 1:00 PM
Sheraton Airport Hotel
(52nd Street & Broadway)
Speaker: Alice Wallwork,
Special Assistant to ADEQ
Director Steven Owens
Topic: Arizona Children's
Environmental Health
Project. Good stuff! Good
organization!
NOTE:
Same time, place. June 10 Pipeline Safety Hazard
Assessments, Raymond
Sadowski, Principal, Camp
Dresser & McKee (CDM)
AZSERC Meeting
The Arizona Emergency
Response Commission
(AZSERC) will hold a

meeting on May 18, 2004
from 1:30 – 4:30 p.m. at 100
North 15th Avenue (ADOA
Building) Room 300 A-C.
LEPC Coordinators –
Contact Roger Soden at
roger.soden@azdema.gov
regarding the Hazardous
Materials Emergency
Preparedness Grant
Workshop on May 19th at the
Scottsdale-Paradise Valley
Doubletree Hotel.
Maricopa County Air
Conference
The Arizona Association of
Industries and the Maricopa
County Environmental
Services Department jointly
sponsor this seminar for
businesses that have County
Air Quality Operating
Permits.
This year's seminar will be
held, Friday, May 21, 2004
at the Doubletree Paradise
Valley Resort in Scottsdale.
The seminar is an
opportunity to catch up on
all the developments in the
regulatory/enforcement arena
of which permittees need to
be aware.
This year Debbie Jordan, the
Director of EPA Region IX's
Air Division, will participate
in the seminar as will
members of her technical
staff.
Contact:
Brent Frazier
Arizona Association of
Industries, 340 E. Palm Lane
Suite 250, Phoenix, AZ
85004
Phone: 602-252-9415 Ext.
1007
Fax: 602-430-7807
www.azind.org

Page 19 of 19

GATEKEEPER NEWSLETTER
Question and Answer
Reportable Quantity Determination
Question:
Hydrogen chloride gas is
introduced into water to form
hydrochloric acid.
Saturation for this reaction
occurs at 38 percent (%).
Therefore, any hydrogen
chloride present after the
saturation point is reached,
does not go into solution and
will remain in the gaseous
state. Can the reportable
quantity (RQ) assigned to
hydrochloric acid, a listed
hazardous substance, be used
for hydrogen chloride gas?
Answer:
The RQ for anhydrous
hydrogen chloride is 5000
pounds and applies to all

forms of hydrogen chloride.
When determining a RQ for
a form of hydrogen chloride
that occurs in a solution, the
Clean Water Act (CWA)
"mixture rule" will be used if
the percentage of hydrogen
chloride in solution is
known. For example: To
determine the RQ of a
product solution of water and
35 percent (%) hydrochloric
acid, the CWA "mixture
rule" is applied as follows:
divide the RQ of
hydrochloric acid, 5000
pounds, by the percentage
(expressed as a decimal) of
the hydrochloric acid in
solution, 0.35. The product
of this equation is the RQ, in
pounds, for the previously
described solution.

5000/0.35 = 14,286
pounds
If the hazardous substance
occurs as a constituent of a
hazardous waste, the same
rule can be applied when
determining the RQ for the
hazardous waste. If the
percentage of the hazardous
substance in the waste is not
known, however, the RQ for
the listed or unlisted
hazardous substance
constituent is to be used.
When more that one
hazardous substance is in
product or waste solution,
always use the lowest
applicable RQ for the
solution. (January 1988
Monthly Hotline Report)

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
Vacant-Planner II
Vacant– Programs & Projects
Specialist II
Sylvia Castillo – Admin Asst III
Robert Rooney – Admin Asst II
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

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

Help us reduce hard copy mail outs. Send us your email and tell us to
switch you to electronic notification. Thanks
E-Mail azserc@azdema.gov