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GATEKEEPER NEWSLETTER January 1, 2004 Volume IV, Edition 01 Arizona Emergency Response Commission 5636 East McDowell Road Phoenix, Arizona 85008-3495 Janet Napolitano, Governor Frank F. Navarrete, Director http://www.governor.state.az.us/ http://www.dem.state.az.us/ Daniel Roe, Executive Director http://www.dem.state.az.us/azserc/ Special Interest Articles: Gatekeeper Workshop Tier Two Quality Control and Emergency Planning Underground Tanks Reveal Low Compliance Rate DOT Announces Internal Restructuring New HAZMAT Incident Report Form Upcoming Events Security Alert to Petroleum Transporters Chlorine Gas Use at Water Treatment Plants SARA RQ Releases to the Environment Large Animal Rescue Emergency Prevention, Preparedness and Response Regulation of the Day New Emergency Response Training Tool Upcoming Deadlines The Arizona Emergency Response Commission (AZSERC) recently received a comprehensive Right-To- Know Request on a number of facilities throughout Arizona. During the files reviews it was discovered that far greater attention is needed to accurately and completely fill out the forms! Further, it was apparent that not all businesses were making the connection between Tier Two reporting on an Extremely Hazardous Substance and recognizing that they need to also submit a plan to their respective fire departments/districts, Local Emergency Planning Committees and, of course, to the AZSERC. GOT QUESTIONS? GET ANSWERS! You can visit www.azserc.org for assistance and/or give us a call at 602-231-6346. EPA Quality Control inspections may well be on the horizon and we don't want you to be on the receiving end of any grief! Forewarned! Gatekeeper Workshops February 11 – 12, 2004 The 14 th Annual Gatekeeper Emergency Planning and Community Right-To-Know Workshop will be held February 11 – 12, 2004 at Papago Park Military Reservation, 5636 East McDowell Road, Phoenix, AZ 85008. Register Now! The clock is ticking. We need to get a good count for ordering materials. WHO SHOULD ATTEND THE GATEKEEPER WORKSHOPS: Government, Business, Industry, Educators and Community members who have interests in enhancing and/or validating their understanding of and obligations under the Hazardous Chemical Emergency Planning and Community Right-To-Know laws. Presentations planned include information on: Emergency Planning, Emergency Release Notification, Chemical Inventory Reporting, Toxic Chemical Release Inventory Reporting, Transportation, Risk Communications, Green Chemistry and more! The registration forms are on- line at: http://www.dem.state.az.us/azs erc/upcoming1.htm For additional information call 602-231-6346. Hazardous Chemical Inventory (Tier Two Report) Quality Control and Emergency Planning Requirements

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Page 1: Arizona Emergency Response Commission 5636 East McDowell ... · Arizona Emergency Response Commission 5636 East McDowell Road Phoenix, Arizona 85008-3495 ... from USTs had contaminated

GATEKEEPER NEWSLETTER J

Volume

Arizona Emergency Response Commission 5636 East McDowell Road

Phoenix, Arizona 85008-3495 Janet Napolitano, Governor Frank F. Nahttp://www.governor.state.az.us/ http://www.d

Daniel Roe, Executive Director http://www.dem.state.az.us/azserc/

Special Interest Articles: • Gatekeeper Workshop • Tier Two Quality Control and Emergency Planning • Underground Tanks Reveal Low Compliance Rate • DOT Announces Internal Restructuring • New HAZMAT Incident

Report Form • Upcoming Events • Security Alert to Petroleum

Transporters • Chlorine Gas Use at Water

Treatment Plants • SARA RQ Releases to the

Environment • Large Animal Rescue • Emergency Prevention,

Preparedness and Response • Regulation of the Day • New Emergency Response

Training Tool • Upcoming Deadlines

acEitwrF

EC WFPRMA Tno W

F6

anuary 1, 2004

IV, Edition 01

varrete, Director em.state.az.us/

Gatekeeper Workshops February 11 – 12, 2004

The 14th Annual Gatekeeper mergency Planning and ommunity Right-To-Knoworkshop will be held

ebruary 11 – 12, 2004 at apago Park Military eservation, 5636 East cDowell Road, Phoenix, Z 85008. Register Now!

he clock is ticking. We eed to get a good count for rdering materials.

HO SHOULD ATTEND

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

Emergency Release Notification, Chemical Inventory Reporting, Toxic Chemical Release Inventory Reporting, Transportation, Risk Communications, Green Chemistry and more! The registration forms are on-line at: http://www.dem.state.az.us/azserc/upcoming1.htm

or additional information call02-231-6346.

The Arizona Emergency Response Commission (AZSERC) recently received a comprehensive Right-To-Know Request on a number of facilities throughout Arizona. During the files reviews it was discovered that far greater attention is needed to accurately and completely fill out the forms!

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

to the AZSERC. GOT QUESTIONS? GET ANSWERS! You can visit www.azserc.org for ssistance and/or give us a all at 602-231-6346. PA Quality Control

nspections may well be onhe horizon and we don't ant you to be on the

eceiving end of any grief! orewarned!

Hazardous Chemical Inventory (Tier Two Report) Quality Control and Emergency Planning Requirements

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

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

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

17 Facilities Charged with SPCC Violations

GATEKEEPER NEWSLETTER

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

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

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

U.S. EPA Inspections of Underground Tanks Reveal Low Compliance Rate

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GATEKEEPER NEWSLETTER

New Deadline Set for Background Check Requirement After an outcry by the states, individual poses a security granted a hazm

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

risk. It will also be responsible for administeringa waiver process and will oversee any appeals.

Drivers applying for hazmat endorsement will be subject to the background checks which will focus on convictions for mishandling hazardous materials, kidnapping, murder, fraud, immigration law violations, terrorism crimes and substance abuse. Those convicted of any of these crimes in the past seven years and/or those who were incarcerated during the past five years will be dis-qualified and will not be

at endorsement.

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

U.S. Transportation Announces Internal Restructuring to Improve Research and Development Capabilities

In a move to further improve the research and develop-ment capabilities of the department, U.S. Transportation Secretary Norman Y. Mineta nnounced an internal estructuring plan that would reate the department's first gency dedicated solely to romotion and development f innovative transportation nd safety-related research nd technologies.

he department's plan would ransform its Research and pecial Programs dministration (RSPA) into

new agency called the esearch and Innovative echnology Administration

RITA), shifting several egulatory and operational esponsibilities to other areas f the department. The gency would be responsible or the research and evelopment functions urrently performed by SPA and for the systematic nd consistent coordination mong all of the

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

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

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DOT Issues Final Rule on New HAZRequirements and Forms

Beginning July 1, 2004, the

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

agency as a transpofunction. Even more onerousRSPA has changed requirements for tanover 1,000 gallons capacity. Reports mfiled if the tank requrepair resulting fromincident, even if noof fuel occurred. PMarketers AssociatAmerica (PMAA), with other associatibe filling an appealagency asking that narrow the languagwill request the agenarrow the requirem

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

sequence is allowedcorrespond to the URecommendations:ID number, proper name, hazard class division number, appacking group. Examples include: Acetyl chloride, 3,

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

Mat Awareness woYuma. It would inc(HazMat Communishipping papers, Plalabeling, UN packaselection, how to reERG and HazMat SMany of these segmbe part of RSPA's Multimodal SeminaApril. For additionainformation [email protected] US DOT TRAININCOMING TO PHOAPRIL 21 & 22, 20 Stay Tuned!

GATEKEEPER NEWSLETTER

MAT Incident Report

rtation

is that

ks with of

ust be ires an

release etroleum ion of along ons, will to the they e. They ncy to ent to

only those thanks that need immediate repair. The new forms and instructions are available at the agency’s web site http://hazmat.dot.gov/spills.htm or by calling their Fax on Demand service at 1-800-467-4922. Keep in mind thatyou can make multiple copies of the form and distribute them to your employees. Thanks to Western Petroleum Marketers Association

mation on a Shipper's Declaration to .N. UN or shipping or plicable

UN 1717,

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

rkshop in lude cation) carding,

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

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Chemical, Biological, Radiological

GATEKEEPER NEWSLETTER

, Nuclear, Explosive (CBRNE)

School Preparedness "A Biosecurity Checklist for School Food Service Programs: Developing a Biosecurity Management Plan." US Department of Agriculture. October 2003. http://schoolmeals.nal.usda.gov/Safety/biosecurity.pdf WMD/MEDICAL Emergency Planning Web Resources A master list of WMD and Medica Emergency Planningweb resources is maintained by Rhode Island. As they find new sources they are added to the list and so it is constantly growing. This list is available as a word document from theur department web site. This list is updated every few months: http://www.health.ri.gov/biot/web_sites.doc

ecurity Alert to etroleum Transporters

he Department of omeland Security (DHS) as issued a security alert to he nation's operators of bulketroleum transporters dvising of "suspicious ncidents involving ommercial bulk refuelers," he Society of Independent asoline Marketers of merica said in its weekly

eport released on 15 ecember. The alert, dated 1 December, said: According to Law

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

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

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Local Emergency Planning Commit

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GATEKEEPER NEWSLETTER

tee (LEPC) Corner

Chlorine Gas Use at Nation's Water Treatment Plants Puts Millions at Risk

Publishing Group

According to a report by Environmental Defense, a Washington, D.C. based environmental advocacy group, 19 million U.S. residents are at risk from potential chlorine gas releases from wastewater treatment facilities that use chlorine. Environmental Defense has been urging passage of a chemical security measure sponsored by Sen. Jon Corzine, D-NJ, which would require the use of inherently safer tech-nologies, including safer chemicals. The report, released Nov. 2, 2003, "Eliminating Hometown Hazards: CuttingChemical Risks at Waste-water Treatment Facilities,"

also said that an incident resulting in a chlorine releasefrom one of six major facilities studied would affect more than a million residents, and an incident at one of 39 other facilities would affect more than 100,000 people. (Meanwhile, at least 12 of the wastewater plants surveyed since 1999 have substituted safer alternatives to chlorine, which has reduced the risk of chlorine gas exposure to an estimated 20 million, according to the study). At the same time, the group criticized governmental regulations that restrict the public's access to infor-mation. "Public access to this

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

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

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

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

SARA RQ Releases to the Environment

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

The term "environment" is defined at 40 CFR 355.20 http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr355_00.html to include he water, air, and land and he interrelationship that xists among and between ater, air, land, and all living

hings. A substance can enter the nvironment in a number of ifferent ways, some of hich may not be

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

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Environmental Resource Center OfSafety Compliance Calendar

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

Hazard CommunicaStandard, Clean AirClean Water Act, anWith federal and staregulations changinrecord pace and thefor noncompliance no company can affuninformed about threquirements that imtheir activities. The electronic versi2004 EnvironmentaSafety Compliance incorporates searchthat allow users to qlocate information, the deadlines that aor the phone numbestate agency.

GATEKEEPER NEWSLETTER

fers Free 2004 Environmental &

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

tion Act, d more. te g at a penalties climbing, ord to be e pact

on of the l & Calendar features uickly such as ffect them r of their

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

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

three classes are conducted, the charge will be $2,500 per course. With twenty-five participants per class, this would amount to $100 per person/agency. If you or your organization isinterested in sending 1, 2, or 3 people please RSVP to Dr. Lorna Lanman, at [email protected] or call 602-542-0964.

Large Animal Rescue

Visit our web site at: http://www.dem.state.az.us/azserc and click on “USFA Federal Assistance to Fire Fighter Grant Recipients” to see the listing of Federal Fiscal Year 2003 Grant Recipients. Since out last edition:

(For Fire Ops and Safety) Ak-Chin Fire Dept. - $40,410; Avondale Fire Dept. - $24,696; Buckskin Fire Dept. - $61,380; Tonto Village Fire Dist. -$45,936

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

Assistance to Firefighters Grant Program

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the European Commission meet to coordinate and harmonize policies, discuss issues of mutual interest and work together to respond to international concerns. The OECD's Working Group on Chemical Accidents has

Update is from EPA's Office of Emergency Prevention, Preparedness and Response. The Organization for Economic Cooperation and Development (OECD) has finalized several guidance documents related to chemical emergency prevention, preparedness, and response. The OECD is an intergovernmental organization in which representatives of 30 industrialized countries and

been the driving force withinhe OECD framework for eveloping these guidance ocuments. The objective ofhis OECD Working Group s to provide an opportunity or experts from overnments, labor, nternational organizations, nd other interested parties o exchange information andxperience, and based on his, to develop guidance on he prevention of, reparedness for, and esponse to chemical ccidents. The primary uidance document which as been developed is the ECD's "Guiding rinciples for Chemical ccident Prevention, reparedness, and esponse."

he first edition of this

document was published in 1992 and has been recently revised to include results of efforts, activities, and workshops over the past 10 years. This second edition isa more comprehensive document to help public authorities, industry, and communities worldwide prevent and prepare for accidents involving hazardous substances resulting from technological and natural disasters, as well as sabotage. It is internationally accepted as a valuable resource in the development and implementation of laws, regulations, policies, and practices related to chemical safety. A copy is available for viewing online at: www.oecd.org/document/61/0,2340,en_2649_34369_2789821_1_1_1_37465,00.html Additionally, an interactive version of the Guiding Principles is available through the OECD webpage at the following address: http://www1.oecd.org/scripts/ehs/guidingprinciples/index.asp The Working Group, enlisting input from experts worldwide, has developed a companion document to the Guiding Principles. This document, entitled "Guidance for Safety Performance Indicators", serves as a guide for key Stakeholders to use in determining if their implementation of the Guiding Principles or similarchemical emergency

prevention, preparedness, and response programs, has led to improvements in chemical safety. The "Guidance for Safety Performance Indicators" provides a systematic approach to measure the success of stakeholders' chemical safety programs by detailing targets, activities indicators, and outcome indicators of a safety performance approach. The Guidance affords flexibility for groups to design programs to assess their own

erformance related to the revention of, preparedness or, and response to chemicalccidents. This guidance hould be published in an nterim version shortly and ill be available in hard

opy, on the web, and as an nteractive version.

he OECD is requesting olunteers to pilot the uidance over the next two ears, provide their results nd lessons learned, and ublish a final, revised ersion in 2005 based on the esults of the pilot program. f you are interested in olunteering, please contact im Jennings on (202)564-996 or by email:

[email protected].

oth of these international ocuments can be used as aluable resources in he U.S. chemical safety rogram by Local mergency Planning ommittees, industry

epresentatives and others.

Emergency Prevention, Preparedness and Response

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DOT HazMat Subsidiary Label Revisions According to 49 CFR 172.402(b) http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_49/49cfr172_00.html shippers

ay continue to use vailable hazard class labels ithout the hazard class or ivision number displayed inhe bottom corner to exhibit ubsidiary hazard for omestic transportation if hey are doing so to exhaust xisting supplies or until ctober 1, 2005, whichever

omes first. Beginning in ctober 2005, all hazard

lass labels (primary and ubsidiary) will be required o have the hazard class or ivision number displayed inhe bottom corner of the abel.

Hazard class labels are required on: *Non-bulk packages containing hazardous materials *Bulk packaging with capacities of less than 640 cubic feet unless they are placarded *Portable tanks with a capacity of less than 1,000 gallons, unless placarded *DOT specification multi-unit tank cars, unless placarded *Overpacks Hazard Communication Requirements for Articles Under OSHA's Hazard Communication Standard, items meeting the definition of an article are not considered to be hazardous chemicals and are therefore not subject to the regulation. OSHA's definition of an article is: A manufactured item other than a fluid or particle that:

*is formed to a specific shape or design during manufacture *has end use function(s) dependent in whole or in partupon its shape or design during end use *does not, under normal conditions of use, either release more than very small quantities of any hazardous chemical or pose a physical hazard or health risk to employees The definition also includes an explanation that the phrase "very small quantities" can be thought of as "minute or trace amounts of a hazardous chemical (as determined under paragraph d) is a reference to the hazard determination portion of the HazCom Standard. http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10099 OSHA’s

efinition of an article is vailable on-line here ttp://a257.g.akamaitech.net/

7/257/2422/20cot20031500/edocket.access.gpo.gov/cfr_2003/julqtr/29cfr1910.1200.htm with interpretations here

ttp://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_1200&src_anchor_name=1910.1200(d) Marks on Vehicles Containing Intermediate Bulk Containers (IBCs) At times, shippers load bulk packagings, like IBCs, of hazardous materials in or on transport vehicles or freight containers. 49 CFR 172.331(c) http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_49/49cfr172_00.html indicates hat these vehicles or ontainers must be marked

with the identification number of the hazardous material on each side and each end if the required marks on the bulk packaging are not visible. The

ark can be displayed on a azard class placard, orange anel, or white square-on-point

placard as outlined in 49 CFR 172.332. http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_49/49cfr172_00.html Shippers of hazardous materials in bulk packages loaded in or on vehicles or containers must adhere to this marking requirement, along with the remainder of the regulations, tobe in compliance. International Maritime Dangerous Goods (IMDG) Code Stowage and Segregation Shippers offering dangerous goods for transport by vessel are sometimes asked by the vessel operator or freight forwarded to supply stowage and segregation information on shipping papers. The stowage and segregation requirements of the IMDG Code are prescribed in Part 7 on transport operations. In addition to general provisions, specific stowage categories and segregation requirements are denoted in Column 16 of the IMDG Code Dangerous Goods List. For example, Category A means that the dangerous good can be stowed on deck or under deck on passenger or cargo ships. IMDG Code Chapter 7.1 details the stowage categories referenced in Column 16. Vessel loaders and operators must comply with all aspects of the requirements for stow-age and segregation when loading or transporting dangerous goods.

Reg of the Day – From Environmental Resource Center

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Page 10 of 11

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OSHA Clarifies Guidance on Hazar

Substance Regis The Substance ReSystem (SRS) proinformation on suand how they arein the EnvironmeProtection Agencregulations and insystems. Using thengine, you can qsubstances by comidentifiers, namesalternate identifieOUT at: www.ep Website Addres Please note that www.MSDSsolunow www.msds.csuggested that yo

"Responding to Residential Carbon Monoxide Incidents-Guidelines for Fire and Other Emergency Responders" The Federal Emergency Management Agency (FEMA) and the U.S. Consumer Product Safety Commission (CPSC). Nov 2003 http://www.cpsc.gov/LIBRARY/FOIA/FOIA04/os/Resident.pdf Thanks to Greg Banner, Emergency Response Preparedness Coordinator, Rhode Island Department of Health [email protected]

GATEKEEPER NEWSLETTER

dous Waste Cleanup

Th

OSHA has published a newdirective (CPS 02-02-071) clarifying requirements and providing enforcement guidelines for cleanup operations conducted underits Hazardous Waste Operations and Emergency Response (HAZWOPER) standard (29 CFR 1910.120and 1926.65). The directiveis written to help OSHA compliance officers conducting inspections of

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

try System

gistry vides bstances represented ntal y (EPA) formation eir search uery for mon

, or rs. TRY IT a.gov/srs

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

hanks to Safety Online ttp://www.safetyonline.com

New Emergency Response Training Tool Available

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

CS is an integrated and lexible structure that mphasizes cooperation and oordination in local, state, nd federal responses to ncidents that may cross arious jurisdictions and gencies. The electronic ssistance tool highlights

planning and preparation and

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

OSHA Enters Alliance for Chemical Safety

OSHA has joined with the Society for Chemical HazardCommunication (SCHC) in an alliance aiming to improve worker under-standing in the areas of hazard communication and

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

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

y general bookmarks or er shortcut applications you on a daily basis to point to new web address.

lp Our Troops!

san Brewer heads up an anization that distributes e packages (underwear, letries, etc.) to wounded vice personnel as they ive at Andrews AFB. Quite ervice. You can contact her erica's Heroes of Freedom . Box 18984

ashington, D.C. 20036-984 [email protected] or p://www.americasheroes.us/

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Page 11 of 11 GATEKEEPER NEWSLETTER

Upcoming Deadlines

Sincerely, Daniel Roe Daniel Roe, Executive Director

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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 liketo see in future editions. Talk to us! We appreciate your input and look forward to hearing from you!

Let’s Hear From You!

Generators or treaters of non-hazardous characteristicwaste described under 40 CFR 268.9(d) that experienced a change in process or operation generating the waste or in the Subtitle D facility receiving the waste during 2003 must notify the

SCA (Toxic Substances ontrol Act)

NOTE: The previously eported deadline on ecember 23, 2003 was

ncorrect. The report cited is ue December 23, 2006.

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

applicable regulatory authority. EPCRA Reminder: January 1, 2004 Suppliers must give notice to each recipient of affected mixtures or trade name product containing toxic chemicals with the first shipment of the calendar year. CWA Reminder: January 28, 2004 Owners and operators of metal mining facilities in EPA Regions I – IV and VI – X subject to the terms and onditions of EPA’s storm ater multi-sector general ermit must submit biannual onitoring results.

AA Reminders: January 1, 2004

ources subject to organic azardous air pollutant mission controls under 40 FR 63 Subpart H, for quipment leaks from Group chemical process units ust submit semiannual

eports.

January 22, 2004: Sources subject to organic hazardous air pollutant emission controls under 40 CFR 63 Subpart H, for equipment leaks from Group I chemical process units must submit semiannual reports. January 23, 2004: Sources subject to organic hazardous air pollutant emission controls under 40 CFR 63 Subpart H, for equipment leaks from Group III chemical process units must submit semiannual reports. DOT/IATA/IMO: January1, 2004 Make sure you have the new International Air Transportation Association’s (IATA) Dangerous Goods Regulations for 2004, the International Maritime Dangerous Goods Code, Amendment 31, and the North American Emergency

esponse Guidebook , all vailable from nvironmental Resource enter.

Commercial products and services are mentioned for informational purposes only andshould not be construed as AZSERC endorsements.

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Arizona Emergency Response Commission 5636 E. McDowell Road Phoenix, AZ 85008-3495 Phone: (602) 231-6346 Fax: (602) 392-7519

w.dem.state.az.us/azserc

w.azserc.org (for reporting)

iel Roe – Executive Director er Soden – Emergency Services gram Coordinator ne Fernandez – Programs & jects Specialist II via Castillo – Admin Asst II ert Rooney – Admin Asst I

missioners: nk F. Navarrete- Chair herine R Eden, ADHS Director phen A. Owens, ADEQ Director tor Mendez, ADOT Director nis A. Garrett, ADPS Director

ignees: iel Roe, ADEM id Engelthaler, ADHS

hard W. Tobin II, ADEQ ya Herrera, ADOT

fery W. Resler, ADPS

visory Committee: poration Commission ustrial Commission te Mine Inspector te Fire Marshal iation Regulatory Agency artment of Agriculture

zona Fire Chiefs Association Mesa FD & Lake Havasu FD te Attorney General -Decision Systems-Jeff Homer el Corporation-James Wick .R.E.-Richard Carter Med. Center-Dan Johnston

tekeeper Newsletter: iel Roe – Editor in Chief ert E. Rooney - Staff

Help us go Electronic! Please let us know if you have an e-mail address so we canconserve on paper and postage. Thanks E-Mail [email protected]