Gatekeeper Newsletter November 1, 2007 Volume VII, Edition 11 A RIZONA E MERGENCY R ESPONSE C OMMISSION 5636 EAST MCDOWELL ROAD PHOENIX, ARIZONA 85008-3495 Janet Napolitano, Governor http://www.governor.state.az.us/ Lou Trammell, Chair http://www.dem.state.az.us/ Daniel Roe, Executive Director http://www.azserc.org Save the Date! December 6, 2007: AZSERC is hosting a training day at Papago Park Military reservation that will cover a wide variety of topics of interest to Government, Industry, Community and Academia. The new Tier Two Hazardous Chemical Inventory On-Line Reporting tools will be demonstrated in a morning session, followed with a “Hands-On Lab” in the afternoon. These sessions are meant for industry, consultants, and government staff who will be using these tools. State Planners will have the opportunity for input on the State Emergency Response and Recovery Plan – ESF 10 (Oil and Hazardous Substance Response) annex to ensure their agency needs are being addressed. A session will be held for LEPC/SERC members in need of Peer Exchange Training (A basic review of the Emergency Planning and Community Right to Know Act –EPCRA. Other Topics being considered are: Release Reporting, Risk Assessment, and Business Continuity Planning. If you have suggestions for additional topics, e-mail us at: azserc@azdema.gov The programs (that will start at/ about 8:30 a.m.) and go through early evening (until about 7 p.m.) will offer opportunities for hails and farewells as well as formal and informal networking throughout the day. More details will be posted on our website: www.azserc.org during the month of November. Save the Date! Fourth Annual Gatekeeper Regulatory Roundup Call for Abstracts: Deadline has past—Act Now!!! The Environmental Professionals of Arizona (EPAZ), Thunderbird Chapter of the Academy of Certified Hazardous Material Managers (ACHMM) and the Arizona Emergency Response Commission (AZSERC) are cohosting the Fourth Annual Gatekeeper Regulatory Roundup Conference. The conference will be held January 28-29, 2008 at the Chaparral Suites in Scottsdale, Ari- zona. In an effort to provide the most up-to-date information, the planning committee would like to invite you to submit an abstract for a topic to be presented at the conference. We are especially interested in topics presented from the industry perspective that may apply to a multitude of different industries (i.e., air quality, pollution prevention etc.). The abstract should be one page or less and include a title, author, and affiliation. We plan to notify presenters of acceptance on or before December 1, 2007. Please email or fax you’re abstract to: Brad Cross, 2008 Program Chair LFR Office: 480-905-9311 Fax: 480-905-9353 E-mail: brad.cross@lfr.com Inside this issue: DELIVERY STATUS: CIP (FOUO) NOTICES 2 H AZARDOUS WASTE PREPAREDNESS & PREVENTION 4 FINES 6 SETTLEMENTS 7 EPA TO ASSIST LIVESTOCK OPERATORS CHEMICAL FACILITY 8 9 SECURITY STANDARDS ALMOST FINAL? UPDATE-PROPOSED AM- 10 MENDMENTDS TO SPCC RULE TRIBAL CORNER 11 Delivery Status: CIP (FOUO) Notices: Since the 12 October transition of critical infrastructure protection (CIP) information e-mail notifications from the now defunct DisasterHelp.gov to GovDelivery, the Emergency Management and Response—Information Sharing and Analysis Center (EMR-ISAC) has received numerous electronic messages and phone calls. These contacts pertained to difficulties with receiving or opening the three CIP (For Official Use Only) Notices (79-07, 80-07, and 81-07) disseminated after the conversion. Only personnel validated to receive the CIP (For Official Use Only) Notices who frequently logged in to open these notices since 1 January 2007, received a message from administrator@interactive.dhs.gov stating that they must log into the DHSInteractive portal at https://interactive.dhs.gov with a new user name and password provided in the e- mail. If you received this message, please comply with the directions to ensure your uninterrupted receipt of the CIP (FOUO) Notices. Many individuals currently occupying emergency services leadership positions who were validated to receive CIP (FOUO) Notices before the transition did not receive a message from administrator@interactive.dhs.gov. Non-receipt was likely caused by a bad e-mail address or failure to frequently open previous FOUO documents. Some subscribers who did receive the message failed to save their user name and password, discovered their password did not work, or experienced security certificate issues. If you did not receive the message from DHSInteractive and still desire to receive CIP (FOUO) Notices, please send a message to emr-isac@dhs.gov containing all official contact information. However, if LEPC CORNER you did receive the message with a user name and password, but are experiencing the problems stated in the preceding paragraph, please contact the DHSInteractive Helpdesk at 1-866-916-8306 or dhssaicashburn@hq.dhs.gov. The EMR-ISAC apologizes for the inconveniences resulting from the mandatory migration of information sharing services from one system to another. Those people who have written the ISAC in the past several days are requested to patiently await a solution, while the EMR-ISAC staff researches each problem to identify and provide an expeditious solution. Although there are many personnel already expecting an answer, the EMR-ISAC staff will ensure that corrective action is taken in every case within the next two weeks. To CAMEO Community Members: As many of you know, the new CAMEO Chemicals website http://cameochemicals.noaa.gov/ debuted last March. It's an online version of the CAMEO chemical database and reactivity worksheet. Since March, visitation to CAMEO Chemicals have rises steadily. It now receives around 100,000 visitors each month. It's one thing to see that people are visit- ing the site. But the statistics don't tell much about how emergency responders and planners are making use of CAMEO Chemicals in their work. So, how about sharing your stories and photos about how you've used CAMEO Chemicals during the past few months. Do you have an interesting story about how you've used it during an incident response? Or have you used CAMEO Chemicals in an unusual way for a planning project? Please send your stories (and photos, if available) to Mary Evans at mary.evans@noaa.gov. When you send in your story, please let the 'team" know whether it's OK for them to share that story with others through the CAMEO, NOAA, and/or EPA websites, and whether it's OK to use your name and affiliation. Contact info is at the website. Compendium of Web References: Over the years, as he has found useful web resources, Greg has passed that information on to others. He has also tried to record all of these resources in one document that is now available. This site will be updated periodically. The document is also available via email directly from Greg at any time. Greg's email is: gregory.banner@hhs.gov See "Compendium of Web References Medical and Emergency Management Resources at: http://www.ynhhs.org/emergency/US_DH HS_web_sites.pdf (Thanks to Gregory T. Banner, M.S., C.E.M.; Regional Emergency Coordinator Region I - New England; US Dept of Health and Human Services; JFK Federal Bldg, Room 2111, Boston, MA 02203) Principles of Emergency Management: Principles which assist in defining and setting guidelines and goals for federal, state and local emergency managers to help give a framework for defining preparedness. Visit: http://training.fema.gov/EMIWeb/edu/emprinciples.asp (Thanks to NASTTPO -visit www.nasttpo.org - Timothy R Gablehouse, President; 303.572.0050, 800.818.0050) Page 2 Gatekeeper Newsletter Planning Considerations: Oakland, California is sued for failure to include people With disabilities In their disaster planning. See the article below and look through the ADA Pacific newsletter: http://www.adapacific.org/ which is also posted on our website under Gatekeeper Newsletter, current edition, other newsletters. Related information can be found at tools/planning/considerations also at www.azserc.org The Disability Rights Advocates (DRA) filed a lawsuit against the City of Oakland to address the city’s failure to adequately plan to meet the mass care and shelter needs of people with disabilities in an emergency. The suit highlights a national problem, and one made especially evident during Hurricanes Katrina and Rita, which people with disabilities had their lives put at risk because of a lack of planning for this vulnerable population. The case is the first of its kind in the country. Plaintiffs – the California Foundation for Independent Living Centers (CFILC), Californians for Disability Rights, Inc. (CDR), and Marian Gray (an Oakland taxpayer) – charge that the City of Oakland has violated federal and state civil rights laws designed to provide people with disabilities equal access to emergency shelter services. Plaintiffs are seeking only injunctive relief. The City’s violations include: - The failure to conduct adequate surveys of the accessibility of potential shelter sites, resulting in a list that contains many inaccessible shelters; - The failure to revise the City’s Mass Care and Shelter Plan from the 1980s to address the needs of men, women, and children with disabilities; - The failure to make arrangements to provide prescriptions, medical supplies and equipment, or accessible transportation to people with disabilities in an emergency. The City of Oakland is particularly disaster prone and susceptible to a variety of emergencies, including earthquakes, fires, landslides, and terrorist attacks. Since 1983, the City of Oakland has experienced eight Presidential-declared disasters, including the 1989 Loma Prieta earthquake, 1991 Oakland Hills Firestorm, the 1997 El Nino winter storms, and the 1998 La Nina winter storms. United States Geological Survey scientists have concluded that there is a 62% probability of one or more major earthquakes (magnitude 6.7 or greater) striking the Bay Area between the years 2003 and 2032. The 2000 United States Census estimated that 23% of Oakland’s population is disabled. As such, over 84,000 Oakland residents may not receive the emergency shelter services they need during an emergency. (Thanks to Joyce and Bob Weber JandRWeber@aol.com - for the focus on this issue and for caring!) EPA Calls for Partnering on School Chemical Safety: What should a school do with outdated chemicals that may have been sitting in the lab cabinet or storage closet for 20 years or more? EPA's Schools Chemical Cleanout Campaign can help schools find partners to give advice in safe chemical removal and management. EPA is challenging companies and other organizations with chemical expertise to be good neighbors and help schools in their community. "During Children's Health Month, I want to encourage businesses and organizations that have appropriate expertise to reach out to schools in their communities," said Susan Bodine, EPA assistant administrator of EPA's Office of Solid Waste and Emergency Response. "Working together, we can help make our schools safer places to learn." EPA's program helps schools safely man- Page 3 age chemicals and avoid costly, and possibly dangerous, accidental chemical spills. The campaign provides schools with a free Web-based toolkit and connects school officials with local experts and industry leaders in chemical management who can assist in safely removing the chemicals from school property. Program partners can offer a broad range of services to schools, from conducting chemical inventories to training school personnel in responsible chemical management. Community partners and industry leaders that have recently joined SC3 to help schools safely manage their chemicals include the American Chemical Society, BASF Corporation White Stone site, Employers Mutual Casualty Companies, MKC Enterprises Inc., North American Hazardous Materials Management Asso- ciation, and Pollution Control Industries. Across the country, EPA estimates that nearly 33,000 middle and high schools have outdated or improperly stored chemicals onsite in maintenance closets or classrooms that could endanger students, school staff, and surrounding communities. More information about EPA's Schools Chemical Cleanout Campaign: http://www.epa.gov/sc3/ (Contact: Roxanne Smith, (202) 564-4355 / smith.roxanne@epa.gov ) Gatekeeper Newsletter WISE"R" UP! Attention Palm OS users: The 3.0 version of WISER for Palm OS is now available! Go to: http://wiser.nlm.nih.gov . Latest data updates: -Radioisotope substance list (see the All vs. Chemical vs. Radiological option on the Known Substances list) -Protective Distance substance data now incorporates the ERG’s initial isolation and protective distance (“green section”) data -Help Identify enhancements: in addition to properties and symptoms, now you can also narrow the results list by substance categories and NFPA 704 placards For Windows and Pocket PC users: please note that the latest version for your platforms is still 3.1 (July 2007). A new download/install is not necessary if you already have this version. If you are still using an older version, you are highly encouraged to upgrade. For all users, please look for the following additional capabilities in future releases: -Windows Mobile Smartphone support -Expansion of the features introduced in 3.x -Additional substance category support, including more categories -Additional tools/reference materials for radiologicals and chemicals -Biological mode: biological substance list and related tools and reference materials And more! WISER is always eager to hear feedback and suggestions. Let them know what you think at http:// wiser.nlm.nih.gov/feedback.html. OMB Watch Updating Some Websites: OMB is preparing to launch a web-based Regulatory Resource Center. The goal is to provide a comprehensive resource for concerned citizens, advocates and decision makers. The Resource Center will provide the public, media, lawmakers and non-governmental organizations with a central location to learn about the federal regulatory process. The Resource Center will include background material as well as advocacy resources for those who want to make their voices heard. OMB needs your help in developing this important tool. They've have made a de- velopmental site available here: www.ombwatch.org/regresources. The developmental site is divided into the Advocacy Center (resources for participation) and the Policy Library (background material). Federal regulatory issues are quite complex and difficult to explain. That is why OMB needs your help. Make the Resource Center useful and easy to use by giving feedback. After you have spent a few minutes exploring the site, let them know what you think by taking a brief survey: Regulatory Resource Center survey. http://www.zoomerang.com/recipient/sur vey-intro.zgi?p=WEB226Y3P38VNN Also, you may receive another request for your feedback asking for your thoughts on OMB's main website, www.ombwatch.org. By next spring OMB hopes to overhaul that site also. OMB appreciates your help in improving online efforts to educate and advocate for greater government accountability. (Thanks to Gary D. Bass, OMB Executive Director) Hazardous Waste Preparedness and Prevention [40 CFR 265.32]: Even though the requirements for hazardous waste preparedness are located in 40 CFR 265.32 (the interim status of hazardous waste treatment, storage, and disposal facilities), the rule also applies to both large and small quantity generators of hazardous waste. While this can be easily overlooked, you’ll see at 40 CFR 262.34 (a)(4) and 262.34 (d)(4) that EPA requires generators of hazardous waste to comply with 40 CFR 265 Subpart C, entitled Preparedness and Prevention. Among the Subpart C preparedness and prevention requirements, you’ll find requirements at 265.32 for certain equipment that must be maintained to prepare for hazardous waste incidents. The following equipment must be maintained within your facility: Gatekeeper Newsletter • An internal communication or alarm system capable of providing immediate emergency instructions (voice or signal) to your facility personnel • A device, such as a telephone (immediately available at the scene of operations) or handheld two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or local emergency response teams • Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment • Water at adequate volume and pressure to supply water hose systems, foam-producing equipment, automatic INDUSTRY CORNER sprinklers, or water spray systems According to 40 CFR 265.33, the above equipment must be tested and maintained as necessary to assure its proper operation in the event of an emergency. The phrase “as necessary” leaves it open to you to decide the frequency of equipment testing and maintenance. Testing and maintaining the equipment in accordance with OSHA and/or the manufacturer’s instructions is best. Although not specified in the rule, you should document the testing and maintenance of the equipment so that you and any auditors will have evidence that the required maintenance was performed. Page 4 EPA to Assist Livestock Operators: EPA has awarded two grants totaling $8 million to provide direct technical assistance to livestock operators to prevent water pollution discharges and reduce air emissions. RTI International of Research Triangle Park, N.C., will provide assistance to farm operators in the East and Environmental Resources Coalition (ERC) of Jefferson City, Mo., in the West. The two organizations will provide livestock operations with two types of technical assistance at no cost to the operator: (1) comprehensive assessments of water and air quality environmental challenges and recommendations for strategies to mitigate these challenges; and (2) development or review of the facility's nutrient management plan, which specifies the amount of manure that can be applied to crops so the potential for runoff to waterbodies is minimized. The technical assistance will be available to any livestock operation in the United States beginning the summer of 2008 through October 2011. Nationally, there are an estimated 1.3 million farms holding livestock in the United States. Approximately 238,000 of these farms are considered animal feeding operations. These animal feeding operations generate more than 500 million tons of animal waste annually and, as a consequence, continually face the challenge of how best to manage these wastes to minimize adverse impacts on the environment. The grants will assist livestock operations by ensuring that farmers are aware of environmental impacts from their facilities and understand how best to address them. More information about animal feeding operations and the grant awards: http://www.epa.gov/npdes/afo Contact: Dave Ryan, (202) 564-4355 / ryan.dave@epa.gov Business Continuity: Question: I am looking for training opportunities to recommend to businesses that will help them prepare and train their own Disaster Recovery person/team. Any recommendations? Answer: Assuming you mean information technology disaster recovery (and/or business continuity) there are some international organizations that support structured training curricula. First, look at DRII. DRI International provides four levels of professional certification. DRII certification is well-respected and recognized world-wide as the standard for excellence in business continuity man- agement. There is regular training in this regard. http://www.drii.org/DRII/Courses/certific ation_overview.aspx Alternatively, The Business Continuity Institute offers a similar program. http://www.thebci.org/certificationstandar ds.htm the Disaster Recovery Journal http://drj.com/ is a good resource as well. They have a BC Model at http://www.drj.com/new2dr/model/bcmod el.htm that should be useful. ISSA also provides industry certification http://www.issa.org/Resources/IndustryCertifications.html http://www.ibct.com has a comprehensive training program. Also, many conferences offer training before, during or after the conferences. See DRJ, CPM and Continuity Insights for possible training opportunities. The first two do annual east and west conferences. http://drj.com/ http://www.contingencyplanning.com/mc v/events/east/training/ www.continuityinsights.com/Conference. html (Thanks to participants in Emergency-Management@yahoogroups.com ) EPA Fines Supplier $31,434 Over Ammonia Release Violations: EPA fined a company $31,434 for failing to notify federal, state and local emergency response agencies immediately following an ammonia release at its food packaging plant, a violation of the federal Emergency Planning and Community Right-To-Know-Act (EPCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although the company contacted the Fire Department, it failed to make other required notifications. The Gatekeeper Newsletter company suffered an equipment failure which released approximately 2,160 pounds of ammonia from one of the freezer units. Exposure to ammonia can irritate the skin, eyes, and respiratory system; extreme exposure may cause death. The company is one of the largest frozen vegetable suppliers in the U.S. Enacted in 1986, EPCRA requires facilities to provide an emergency notification and a written follow-up notice of a reportable quantity release. For more information on EPCRA, visit: http://yosemite.epa.gov/oswer/ceppoweb. nsf/content/EPCRA.htm For more information on the Comprehensive Environmental Response, Compensation, and Liability Act, please visit: http://www.epa.gov/superfund/policy/cerc la.htm. Contact: Wendy Chavez, (415) 947-4248 Page 5 EPA fines Romic Environmental Technologies Corp. $97,000: EPA recently reached a $97,000 settlement with Romic Environmental Technologies for violating federal waste handling and storage laws. Romic Environmental Technologies is located at 6760 West Allison Road on the Gila River Indian community near Chandler, Ariz. It is a hazardous waste storage and treatment facility. The company performs solvent recycling, blending, aerosol can processing, bulking, container crushing, and waste consolidation for off-site disposal. The EPA cited the Romic facility for improperly handling hazardous waste, failing to minimize a possible accidental release, failing to take all necessary measures to ensure fires, explosions and releases did not occur and failing to notify government officials of a release of hydrogen peroxide. Under the settlement, Romic will pay a penalty of $20,427. Under the settlement Romic has also agreed to clean up ten open dumps on the Gila River Indian Reservation, costing the company a minimum of $77,000. The supplemental environmental project requires the company to pay for the gathering, loading and hauling of solid waste from the various locations throughout the reservation. The EPA consulted with the Gila River Indian Community’s Department of Environmental Quality in helping select the open dumps to be cleaned up under the project. The settlement resolves the EPA’s April 24 complaint regarding a series of releases into the air at its facility on April 5 and the company’s subsequent failure to implement emergency contingency opera- tions and failure to minimize the possibility of a release. In August 2005, the EPA fined Romic $67,888 for multiple hazardous waste violations at its facility. The company corrected the violations and spent $100,800 on life-saving equipment for the Gila River Indian Community Fire Department and air monitoring and meteorological equipment for the Gila River Indian Community Department of Environmental Quality. For more information on Romic Southwest visit: http://www.epa.gov/region09/waste/romic For more information on the EPA’s hazardous waste program visit: http://www.epa.gov/epaoswer/osw/hazwa ste.htm Contact: Francisco Arcaute 213244-1815 EPA Fines Manufacturer $83,926 for TRI Reporting Violations: EPA fined a Southern California conveyor equipment manufacturer $83,926 for failure to submit required toxic chemical reports, a violation of the Emergency Planning and Community Right-to-Know Act. SDI Industries failed to submit timely, complete, and correct reports detailing the amounts of lead processed at its facility from 2002-2005. ing, or otherwise using more than 100 pounds of lead to report releases of this highly toxic chemical on an annual basis to the EPA and the state. Although SDI exceeded these thresholds during 20022005, it failed to submit reports to the EPA for any of those years. The settlement will consist of a $19,197 cash penalty and a $64,729 supplemental environmental project that includes the donation of hazardous material response equipment to the City of Burbank Fire Department. The facility uses lead in its manufacturing of conveyor equipment. Exposure to lead may result in high blood pressure, digestive problems, muscle and joint pain, nerve disorders, memory and concentration problems, increased chance of illness during pregnancy, and harm to a fetus, including brain damage or death. Exposure to low levels of lead can severely harm children under the age of 6. EPA inspectors discovered the violations as a result of a routine inspection in February 2004 and a follow-up investigation. Federal community right-to-know laws require facilities processing, manufactur- Each year the EPA compiles information submitted from the previous year regarding toxic chemical releases and produces a national Toxics Release Inventory database for public availability. This database Gatekeeper Newsletter estimates the amounts of each toxic chemical released to the environment, treated or recycled on-site, or transferred off-site for waste management, and also provides a trend analysis of toxic chemical releases. For more information on the TRI program, please visit: http://www.epa.gov/tri The U.S. EPA’s environmental databases, including the TRI program data, can be accessed at: http://www.epa.gov/enviro. (Contact: Dean Higuchi, 808-541-2711, higuchi.dean@epa.gov) Page 6 EPA Fines Winery $11,687 - Ammonia Release Violations: EPA recently fined a winery $11,687 for failing to make the required notifications after an ammonia release from its plant. The incident was not reported until a month later. An employee at the winery discovered a pressure gauge and seal on a compressor motor had failed, leading to the release of 750 to 800 pounds of ammonia. Exposure to ammonia can irritate the skin, eyes, and respiratory system; extreme exposure may cause death. Ammonia's reportable quantity is 100 pounds. (Contact: Francisco Arcaute, 213-244-1815) EPA Settles With Equipment Manufacturer for $45,150-Toxic Chemical Reporting Violations: EPA settled with an equipment manufacturer for $45,150 for allegedly failing to submit required toxic chemical reports, a violation of the Emergency Planning and Community Right-to-Know Act. The Tool & Die Casting company allegedly failed to submit timely, complete, and correct reports detailing the amounts of lead, copper and manganese processed at its facility from 2002-2005. Nathan Lau, Communities and Ecosystems Division associate director for EPA’s Pacific Southwest region said: “Companies must keep a close watch over chemical reporting practices, as we are serious about enforcing community rightto-know laws.” Federal rules require facilities processing, manufacturing, or otherwise using more than 100 pounds of lead and more than 25,000 pounds of copper and manganese to report releases of the chemicals on an annual basis to the EPA and the state. Although the company exceeded these thresholds during 2002-2005, it allegedly failed to submit reports to the EPA for any of those years. Exposure to lead may result in high blood pressure, digestive problems, muscle and joint pain, nerve disorders, memory and concentration problems, increased chance of illness during pregnancy, and harm to a fetus, including brain damage or death. Exposure to low levels of lead can severely harm children under the age of 6. Copper exposure can potentially cause nausea and vomiting and years of long term exposure could cause liver or kidney damage. Years of long term exposure to manganese can potentially cause nerve disorders. Each year the EPA compiles information submitted from the previous year regarding toxic chemical releases and produces a national Toxics Release Inventory database for public availability. This database estimates the amounts of each toxic chemical released to the environment, treated or recycled on-site, or transferred off-site for waste management, and also provides a trend analysis of toxic chemical releases. For more information on the TRI program, please visit: http://www.epa.gov/tri. The U.S. EPA’s environmental databases, including the TRI program data, can be accessed at: http://www.epa.gov/enviro. Contact: Dean Higuchi, 808-541-2711, higuchi.dean@epa.gov EPA Settles with Dole: EPA recently fined Dole Packaged Foods, LLC $86,930 for failing to immediately report an ammonia chemical release and lacking written operating procedures. Also negotiated in this settlement, Dole will spend $53,000 on emergency response equipment and spend $12,000 to sponsor a one-day safety and compliance training on ammonia refrigeration systems for industry attendees. “Today’s action goes beyond paying a penalty, it will provide emergency equipment to local emergency responders, and valuable compliance information to the regulated community” said Keith Takata, the EPA’s Superfund director for the Pa- Gatekeeper Newsletter cific Southwest region. “When a business fails to quickly provide critical information to authorities, a community's ability to respond during an emergency may suffer." Dole failed to make immediate notifications after an estimated 477 pounds of ammonia leaked from their facility. The reportable quantity is 100 pounds. occurred. The release resulted from a pressure build up in a closed valve that was not opened after the refrigeration system had been shut down for maintenance. Dole reported the release more than three hours late, and did not have written standard operating procedures for the ammonia refrigeration system where the release For information on the Clean Air Act/Risk Management Plan, EPCRA, and release reporting requirements, please visit EPA’s Chemical Emergency Prevention and Preparedness website at: http://yosemite.epa.gov/oswer/ceppoweb. nsf/content/index.html (Contact: Lisa Fasano 415-947-4307) Further information about the Emergency Planning and Community Right-To-Know Act (EPCRA) and hazardous substance release notification requirements may be obtained by calling the U.S. EPA's toll-free number at (800) 424-9346. Page 7 EPA Settles with Tolleson, AZ. Company: EPA recently settled with an ammonia facility to pay $65,045 in fines and spend $15,000 on protective gear for the Tolleson Fire Department for failing to immediately notify the proper authorities after a chemical release from its Tolleson, Ariz. facility. Rousseau Farming Company failed to immediately notify the National Response Center, the State Emergency Response Commission and the Local Emergency Planning Commission after an estimated 610 - 1,080 pounds of ammonia leaked from the facility located at 9601 W. Harrison St. on Nov. 26, 2006. The reportable quantity is 100 pounds. The release was a result of a pin-hole leak in a cooling coil that is part of the refrigeration system at the facility. Rousseau Farming reported the release to the NRC, the Maricopa Local Emergency Planning Commission and the Arizona Emergency Response Planning Commission 10 days after the release. The company also failed to submit a required chemical safety information form and annual chemical inventory forms for years 2003-2005 to the state and local emergency planning commissions and the fire department. tion of a reportable release in order for emergency response teams to evaluate the nature and extent of a hazardous substance release, prevent exposure and minimize consequences. Under the settlement, the company will spend $15,000 on 14 sets of turnout gear uniforms for fire fighters to use when responding to chemical fires. http://yosemite.epa.gov/oswer/ceppoweb. nsf/content/index.html Further information about the Emergency Planning and Community Right-ToKnow Act, Superfund and hazardous substance release notification requirements may be obtained by calling the U.S. EPA's toll-free number at (800) 4249346 or by visiting: (Contact: Lisa Fasano 415-947-4307) Federal law requires immediate notifica- EPA Settles with Aerospace Component Manufacturer for $39,800: EPA fined an aerospace components manufacturer $39, 800 for its alleged failure to submit timely annual reports about its toxic chemical release of nitric acid, chromium and lead, in violation of the Emergency Planning and Community Right to Know Act. The company manufactures metallic & non-metallic systems & components used for military, commercial aircraft, and mis- Gatekeeper Newsletter sile applications. The deadline to submit the annual reports for calendar year 2005 was July 1, 2006. Congress enacted the Emergency Planning and Community Right-to-Know Act in 1986 to help local communities protect public health, safety and the environment from chemical hazards. The law requires companies using any of 650 listed toxic chemicals over certain thresholds to re- port their annual chemical releases to the EPA. The information is then compiled into a national database that is accessible to local emergency planning personnel and the general public. For more information on the EPA’s Toxic Chemical Release Inventory program, please visit: http://www.epa.gov/tri/ Contact: Marc Mowrey, (415) 972-3324 Page 8 Chemical Facility Security Standards Almost Final? - by Stephen R. Melvin, PE CSP CPP In December 2006, the Department of Homeland Security released interim proposed regulations requiring chemical facilities to perform a Security Vulnerability Assessment (SVA) on their facility and implement a Site Security Plan (SSP) to help correct any deficiencies found during the SVA. In April 2007, the regulations became final, but they are not required to be implemented until the Appendix (Appendix A) with the list of chemicals and their threshold quantities (TQ) becomes final. So the question for chemical facilities is, “What should we be doing at this time?” The answer is: “A lot.” While the regulations haven't gone final yet, there is a tremendous amount of work to be done once they do become final and there will be very little time to do it. For example, after Appendix A is finalized, each facility that has onsite any chemical on the list over the TQ will need to submit all of their facility information to DHS via their secure website as part of the “Top Screen” process. This information is expected to take an average of 40 hours per facility. What that means is that if your facility is more complicated than the average facility, you can expect that the time required to enter your information will be Page 9 more than 40 hours. Each facility will have 30 calendar days to enter their data. What that means is that within a single month, the person responsible for entering the information will need to find 40+ hours of time, plus interface with all of the other people who will need to provide information, since the information is diverse enough to require input from sales, management, safety, security, operations, and possibly others in industry. A difficult task to be sure and a good reason to start early! There are also other reasons to start earlier rather than later. Anyone who has used a consultant to help them complete a Risk Management Program (RMP) knows that the more people who wait until the deadline to get started, the less likely it will be that a good consultant will even be available to help, let alone be able to accomplish all of the work in the time allotted. Even if a facility is planning to complete the project inhouse, the deadlines are rather rapid, (30 days for the Top Screen, 60 days for the SVA, and 90 days for the SSP) and there can be a good deal of effort involved in each one, so the sooner a facility starts, the more likely they are to finish on time. The DHS regulations and some other resources are available here: http://www.dhs.gov/xprevprot/laws/ gc_1166796969417.shtm. There will eventually be some other resources available as DHS has promised to provide guidance to facilities on the requirements and implementation of them, but they have been unclear in when or how they will be providing that guidance. In conclusion, there is a regulation coming down the pike with some pretty big requirements, and facilities that need to comply will have a lot of work to do if they want to be successful. Properly done, their Security Vulnerability Assessment and Site Security Plans will make them safer, more secure, and may even add to the bottom line rather than detracting from it. I would encourage everyone who has to comply with these regulations to begin working on them quickly. Good luck! Stephen R. Melvin, PE CSP CPP is the President of SRM Associates, Inc. and the Homeland Security Representative on California's Region VI Local Emergency Planning Committee. He can be reached at stephen.melvin@oursafetowns.com or (951) 764-3626. Visit his website at: http://www.oursafetowns.com/ catalog.htm Gatekeeper Newsletter Update - Proposed Amendments to SPCC Rule: EPA proposes to amend the Spill Prevention, Control, and Countermeasure (SPCC) Rule in 40 CFR Part 112 (72 FR 58378). EPA intends to provide increased clarity, to tailor requirements to particular industry sectors, and to streamline certain requirements for a facility owner or operator subject to the rule. The proposed rule intends to amend the facility diagram requirement to provide additional flexibility for all facilities; amend the definition of "facility" to clarify the flexibility associated with describing a facility's boundaries; define "loading/unloading rack" to clarify the equipment subject to the provisions for facility tank car and tank truck loading/unloading racks; provide streamlined requirements for a subset of qualified facilities; amend the general secondary containment requirement to provide more clarity; amend the integrity testing requirements to allow a greater amount of flexibility in the use of industry standards at all facilities; amend the integrity testing requirements for containers that store animal fats or vegetable oils and meet certain criteria; and streamline a number of requirements for oil production facilities. EPA is also proposing other minor revisions and clarifications and taking comment on additional regulatory approaches. With these proposed changes, EPA intends to encourage greater compliance with the SPCC regulations. Comments on the proposed rule must be submitted on or before December 14, 2007. Additional information on the proposed rule is available at http://www.epa.gov/emergencies. For questions about this proposed rule, please contact the Superfund, TRI, EPCRA, RMP & Oil Information Center at: (800) 424-9346 -- Toll Free (703) 412-9810 -- Metropolitan DC area and international calls (800) 553-7672 -- Toll Free TDD (703) 412-3323 -- Metropolitan DC area and international TDD To speak with an Information Specialist, call between 10:00 AM and 3:00 PM, Monday through Thursday, Eastern Standard Time. U PCOMING E VENTS : • November 3, 2007 Twenty-Ninth Annual National Conference POW WOW "MISSION: Success" at the Phoenix National Convention Center, Hall G 100 North Third Street - Phoenix, Arizona For more information, please contact: Jolene Holgate Phone: 928.701.7609 Email: jholgate3709@yahoo.com Or Lee Williams Phone: 602.751.4954 www.aises.org • November 5-8, 2007 HazMat Explo. Go to http://www.hazmatexplo.org/ for more information. • November 6-8, 2007 NASTTPO/EPA meeting. See http://www.nasttpo.org/ for more info. • November 13, 2007 Greater Phoenix Ammonia Safety Day. Nov. 13, 2007 from 7:30am - 4:30pm. Mountain Preserve Reception Center: 1431 E. Dunlap, Phoenix, AZ. Contact Cristina Herrera at 602-2731411 or cristinaherrera@mail.maricopa.gov Page 10 • November 15, 2007 1ST Annual Native American Heritage Day Sponsored By Arizona Department of Health Services 10:00 - 1:30 PM at: 150 N 18TH AVE., PHOENIX, AZ 85007, ADHS BREEZEWAY. For more information contact Merv Lynch at LynchM@azdhs.gov • November 16, 2007 Governor Napolitano’s Office of Boards and Commissions SemiAnnual Public Member Service Orientation Training Session will be held on Friday, November 16th, 2007, from 10:00 a.m. to 3:30 p.m., at the ADOT Development Center located at 1130 N. 22nd Ave., Phoenix, AZ 85009. Registration is free and includes a continental breakfast and a box lunch. State board and commission members can begin the process of fulfilling their training obligations through one of the following methods: Please register at the Governor’s Office of Boards and Commissions at 1700 W. Washington, Phoenix, Arizona 85007 - Or by registering online at http:// azgovernor.gov/BC/ for our upcoming November 16th session - By contacting Arizona Government University (AzGU) at (602) 542-6229 to schedule an approved training session - By contacting the Governor’s Office of Boards and Commissions by telephone at (602) 542-2449 or e-mail to dvasquez@az.gov to discuss enrollment options EPAZ Events Upcoming EPAZ Events *Nov 8 - Luncheon Meeting, Workplace Violence, Officer Monty Woods, Phoenix Police Dept *Nov 28 - Mixer - Z'tejas (Chandler) *Dec 13 - Luncheon Meeting, Air Quality *Dec 26 - Mixer Cancelled for HOLIDAYS *Jan 28 - 29, 2008 - 4th Annual Gatekeeper Regulatory Roundup Gatekeeper Newsletter TRIBAL CORNER "Honoring Our Circle of Tribal Caregivers" 3rd Annual Tribal Family Caregiver Conference: November 14 - 16th, 2007 DoubleTree Paradise Valley Resort Scottsdale, AZ This conference is designed to support family caregivers and Tribal caregiver programs with training, information and resources to enhance home-based care in Tribal communities. **FREE REGISTRATION TO NON-PAID FAMILY CAREGIVERS** For more information contact: Archie Mariano Inter Tribal Council of Arizona, Inc Area Agency on Aging 2214 N. Central, Ste 100 Phoenix AZ 85004 (602) 258-4822 or email Archie.Mariano@itcaonline.com You can also get a direct link from the ITCA website www.itcaonline.com and click on "3rd Annual Tribal Caregiver Conference." (Thanks to Rose Whitehair, AzGita for sharing) U.S. EPA and Navajo Nation Inspect Underground Tanks on Tribal Lands: U.S. EPA and the Navajo Nation Environmental Protection Agency recently inspected 40 underground fuel tank sites in an effort to increase compliance and prevent petroleum releases to the environment. Between March and June of this year, the agencies together inspected fuel tanks located in areas of interest to the Navajo Tribe, issuing 20 field citations for a total combined penalty of $8,200 for violations of underground storage tank regulations. The field citations were issued for operation, maintenance and record keeping violations. “The EPA and the Navajo EPA are committed to enforcing underground tank regulations,” said Nancy Lindsay, the EPA’s acting Waste Management Division director for the Pacific Southwest region. “Leak prevention is essential in protecting the Navajo Nation’s precious ground water supplies. A hole the size of a pinhead in an underground storage tank can release 400 gallons of fuel in a year’s time, enough to foul millions of gallons of fresh water.” “The Navajo Nation is conducting unannounced UST Compliance inspections to make sure facilities are in compliance with the Navajo Nation UST Act and Federal Regulations” said Stephen B. Etsitty, NNEPA Executive Director. “We require facilities to comply with the law, and to eliminate the risks of contaminating our groundwater resources, by using all our compliance and enforcement tools.” EPA and Navajo Nation EPA staff will continue to work closely with the owners and operators in receipt of field citations and formal orders to assist in their return to compliance. Both agencies plan to reinspect in the coming year and expect to see an increase in compliance rates. The Navajo Nation Underground Storage Tank Act was passed by the Navajo Nation Council on October 29, 1998. The Act requires the removal of all underground storage tanks that do not comply with the standards. These inspections create a greater awareness of proper underground storage tank maintenance for owners and operators, with the goal of reducing hydrocarbon releases into the environment. The EPA and the NNEPA have seen improved operating conditions at storage tank sites as a result of joint inspections. The 2005 Energy Policy Act increased inspections, required certification of underground storage tank operators, and added tank provisions, including additional piping and layers to prevent releases. Releases that are detected quickly can be cleaned up at far less expense than releases that go undetected for long periods of time. For more information on EPA’s underground storage tank program, please visit: http://www.epa.gov/region09/waste/ust/in dex.html Contact: Margot Perez-Sullivan, perezsullivan.margot@epa.gov Desk/415.947.4149/Cell 415.760.9161 Governor's Tribal Community Outreach: Visit: http://azgovernor.gov/eop/TribalOutreach.asp for agency contact information. Tribal Program Link: http://www.epa.gov/region09/indian Page 11 Tribal news: http://www.navajohopiobserver.com/ Tribal Program Newsletter: http://www.epa.gov/region09/indian/newslet.html Gatekeeper Newsletter Hate to See You Go! If you recognize errors in how we've sent the email notifications, let us know. If you recognize an old email address of yours...let us know so we can remove it. Help us keep our listing accurate and up to date. Thanks. jameserobbins80@hotmail.com geekette@cox.net jude47@comcast.net azsdd@channelproducts.com pat.winn@alaska.gov mike.meehan@ci.seattle.wa.us server@pipelinegroup.com mark.mahoney@ci.new-bedford.ma.us eric.barden@ci.seattle.wa.us saludjs2@prodigy.net.mx pibool@access.inet.co.th mhvfire@yahoo.com sinsowel@hotmail.com fire@eoni.COM abrams.diane@cleanharbors.com slsmith103@hotmail.com cduenasw@profepa.gob.mx dwm10@QWEST.NET jperry@seminolecountyfl.gov rgroberts@palmain.com randysmith@ferrellgas.com jcassett@hotmail.com allen.roush@orport.ang.af.MIL mhallman@legend-group.com symbolseeker@ntlworld.com Frank.Garcia@douglasaz.gov iecls@mainex1.asu.edu msmith@projectresourcesinc.com dljones1@gdph.state.ga.us forensiceng@hotmail.com vsunn@gric.nsn.us john.naughton@noaa.gov dennis@biesemeyer.com Aspens from Flagstaff L ET ’ S H EAR F ROM Y OU ! 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, Dan Roe Executive Director Commercial products and services are mentioned for informational purposes only and should not be construed as AZSERC endorsements. Gatekeeper Newsletter Page 12 ARIZONA EMERGENCY RESPONSE COMMISSION 5636 E. MCDOWELL ROAD PHOENIX, AZ 85008-3495 PHONE: (602) 231-6346 (602) 392-7519 FAX: Visit us on the web:www.azserc.org AZSERC STAFF Daniel Roe Roger Soden Executive Director HAZMAT Program Coordinator Richard Eaton Web Portal/ Technology Coordinator Scott Meyer Planner II Sylvia Castillo Admin Asst III Chrissy McCullough Admin Asst II COMMISSIONERS: Lou Trammell Susan Gerard Stephen A. Owens Victor Mendez Roger Vanderpool DESIGNEES: Daniel Roe Don Herrington Michael Fulton David Denlinger Sonya Herrera ADEM Director (Chair) ADHS Director ADEQ Director ADOT Director ADPS Director ADEM ADHS ADEQ ADPS ADOT ADVISORY COMMITTEE: Corporation Commission - Tom Whitmer Industrial Commission - Darin Perkins State Mine Inspector - Joe Hart State Fire Marshal - Phil Mele Radiation Regulatory Agency - Aubrey Godwin Department of Agriculture - Jack Peterson Arizona Fire Chiefs Association -Chandler FD - John Gardner -Yuma FD - Jack McArthur Asst. State Attorney General - Laurie Woodall SI Smith and Associates, LLC - Sybil Smith Apache Nitrogen - Pam Beilke *Intel Corporation - James Wick *Riverside Environmental - Bill Embree (AWAITING REAPPOINTMENT) GATEKEEPER NEWSLETTER: DANIEL ROE – EDITOR IN CHIEF CHRISSY MCCULLOUGH - EDITOR RICHARD EATON - WEB ADVISOR We are currently reducing the number of hard copies we are sending out. Please send us your e-mail address so you can continue receiving the newsletter. E-Mail azserc@azdema.gov A BOUT O UR O RGANIZATION The AZSERC was established by Arizona Law (Arizona Revised Statutes-Title 26, Chapter 2, Article 3) and is tasked with the implementation of the Emergency Planning and Community Right to Know Act (EPRCA) in Arizona. This Commission oversees 15 Local Emergency Planning Committees and supports community, industry and government and academia in: planning, release and incident reporting, data management guidance for inventory reporting, public disclosure of information about hazardous chemicals in Arizona as well as development of training and outreach programs. The Commission supports individual agency goals and objectives. This is accom- plished through the receipt and coordination of emergency notifications of chemical releases, collection and provision of chemical inventory information to interested parties, training and grants programs. Additionally, the AZSERC provides consultative services, conducts and participates in workshops and coordinates development and review of plans and programs for 15 Local Emergency Planning Committees. Further, the AZSERC serves as a state clearinghouse for hazardous chemical emergency preparedness and planning activities and information through coordination with federal, tribal, state, local governments, industry and community interest groups.