I n s i d e t h i s i s s u e :

Volume XIII, Edition 6 June 1, 2013

GATEKEEPER NEWSLETTER

Lou Trammell, Chair

http://www.dem.azdema.gov/ Janice K. Brewer, Governor http://www.governor.state.az.us/

Mark Howard, Executive Director

http://www.azserc.org

Arizona Emergency Response Commission 5636 East McDowell Road

Phoenix, Arizona 85008-3495

Federal regulations, emergency protocols not followed in West

2

Questions remain about McLennan County's LEPC - News Channel 25 KXXV-TV

4

How to Ship Manufac-tured Articles that Contain Mercury [49 CFR 172.101]:

6

TRI Reporting of Hydrogen Sulfide: 8

Shipping Chemicals? Not So Fast 10

PHMSA proposed rulemaking on inspec-tion of packages and other matters under enhanced inspection program

12

How to Describe Ma-rine Pollutants on Shipping Papers [49 CFR 172.203(l)]:

14

thylmercury builds up more in some types of fish and shellfish than others. The levels of methyl-mercury in fish and shellfish depend on what they eat, how long they live, and how high they are in the food chain. EPA works with the FDA and with states and tribes to issue advice to women who may be-come pregnant, pregnant women, nursing mothers and parents of young children about how often they should eat certain types of commercially-caught fish and shellfish. Fish advisories are also issued for men, women, and chil-dren of all ages when appropri-ate. In addition, EPA releases an annual summary of information on locally-issued fish advisories and safe-eating guidelines to the public. Fish is a beneficial part of the diet, so EPA and FDA en-courage people to continue to eat fish low in methylmercury. Another less common exposure to mercury that can be a concern is breathing mercury vapor. These exposures can occur when elemental mercury or products that contain elemental mercury break and release mercury to the air, particularly in warm or poorly-ventilated indoor spaces.

industries that qualify as uni-versal waste handlers must fol-low specific requirements for storing, transporting and dis-posing of these wastes. House-holds are exempt from these regulations. Note that some states and local jurisdictions have elected to pass regulations that are more stringent than the federal haz-ardous waste regulations. Sev-eral states and municipalities do not recognize the exemption for households; others regulate all fluorescent bulbs as hazardous, regardless of their mercury content. For example, Vermont bans all mercury-containing waste from landfills, including mercury-containing waste gen-erated by households. Why Is Mercury a Concern? Mercury in the air eventually settles into water or onto land, where it can be washed into water. Once deposited, certain microorganisms can change it into methylmercury, a highly toxic form that builds up in fish, shellfish, and animals that eat fish. Fish and shellfish are the main sources of methylmer-cury exposure to humans. Me-

• Never use an ordinary vacuum cleaner to clean up mercury. The vacuum will put mercury vapor into the air and increase exposure. The vacuum will be contaminated and have to be thrown away. • Never use a broom to clean up mercury. It will break the mercury into smaller droplets. • Never pour mercury down the drain. It may cause future problems with plumbing repairs, or it could contaminate the septic tank or sew-age treatment plant. • Never wash mercury-contaminated items in a washing machine. The machine and the dis-charged water may become contami-nated. Never walk around if your shoes may be contaminated with mer-cury. This will spread the contami-nation. Mercury Recycling and Disposal Options Under RCRA, some widely gener-ated hazardous wastes, including mercury-containing wastes like cer-tain spent batteries, thermostats, ba-rometers, manometers, temperature and pressure gauges, certain switches and light bulbs, are designated as "universal wastes." Businesses and

What NOT to Do When Mercury Spills:

P a g e 2 G A T E K E E P E R

WEST, Texas –– McLennan County offi-cials did not follow federal regulations requiring public officials to plan for a ma-jor chemical incident such as last week's deadly fertilizer plant explosion in West, Texas, a News 8 investigation has found. The finding raises serious questions re-garding the decision to send first respond-ers into a potentially explosive situation. As a community still grieves the 15 killed in the West Fertilizer Co. explosion, some are questioning the planning that, accord-ing to federal law, was required to have taken place under the Emergency Plan-ning and Community Right to Know Act. Each business is required to report its haz-ardous chemicals to its county. West Fer-tilizer Co. had, in fact reported its ammo-nium nitrate to McLennan County. Next, officials are required to set up what's called a Local Emergency Planning Com-mittee. The LEPC's job, is to "develop an emer-gency response plan, review it at least an-nually, and provide information about chemicals in the community to the citi-zens," the act reads. "We usually meet once or twice a year," said Steve Howie, the Emergency Man-agement Coordinator of Kaufman County. Howie heads the Kaufman County LEPC and said he is familiar with the dangers of ammonium nitrate. A fertilizer storage company similar to the one in West is lo-cated near downtown Terrell. He says emergency responders in his community

are well aware that a fire in the fertil-izer storage building means one thing. "If it's in the building housing 50,000 pounds of ammonium nitrate we are going to evacuate the area and back off," said Howie. As of Dec. 31, 2012, there were 540,000 pounds of ammonium nitrate at the West Fertilizer Co., federal records show. In July 2009, Bryan city and fire de-partment officials ordered the evacuation of almost the entire town after a building full of ammonium nitrate caught fire. The fire chief knew that putting water on the fire could make it worse "and in some cases it can intensify to the point of exploding." Richard Brown is a former Kaufman County volunteer fire chief. He says news of the fire responders’ death in West has sickened him.

"It should not have happened,” said Brown. “Those men should not have been where they were."

Brown says county and fire officials should have planned for the worst and any fire that involves ammonium nitrate should mean evacuation. “They needed to inform their men of the hazards,” said Brown. “They

needed to formulate a written response plan to those types of hazards." The federally mandated body of com-munity leaders designed to plan for such hazards did not exist in McLen-nan County. The official listed as the head of the McLennan County LEPC is County Judge Scott Felton. Felton, appointed to the post last year, told News 8 in an interview that he's never heard of the LEPC. McLennan County Emergency Opera-tions Coordinator Frank Patterson said he has no knowledge of an emergency planning committee or any meetings with offi-cials in West about potential risks in the community. After requesting any evidence of LEPC operations, meetings, plans of actions or plans for evacuations, especially with respect to hazards posed at the fertilizer company in West, Patterson's office said no such information exists. Neither Patterson nor the McLennan County Judge would speak on camera. Both say they have been too busy help-ing the victims of West. The State Fire Marshal's Office on Friday released a statement saying no actions taken by the firefighters in any way contributed to the explosion.

E-mail bshipp@wfaa.com

Federal regulations, emergency protocols not followed in West: by BRETT SHIPP

LEPC Corner

TRANSCAER® (Transportation Community Awareness and Emergency Response) is a voluntary national outreach effort that focuses on assisting communities prepare for and respond to a possible hazardous material transportation incident. TRAN-SCAER® members consist of volunteer representatives from the chemical manufacturing, transportation, distributor, and emer-gency response industries, as well as the government. Visit: http://www.transcaer.com/state.aspx for more information.

P a g e 3 V o l u m e X I I I , E d i t i o n 6

Twenty-five years ago this week — on May 4, 1988 — explosions at the Pacific Engineering Production Company of Ne-vada tore through the complex, killing two and injuring more than 300. A dark column of smoke rose from the site, where ammonium perchlorate — used to boost the performance of rocket fuel — was produced. Debris rained down around the area. The force of the blasts shattered windows and doors around Henderson. Three years after the PEPCON disaster, a 42-ton chlorine leak at Pioneer Chlor Al-kali sickened more than 300 people and led to mass evacuations. Pioneer was in the Basic Management Inc. complex, a 5,000-acre county island sur-rounded by the city of Henderson; PEP-CON was situated nearby. A company originally called Basic Magnesium Inc. built the first chemical plants on the site in 1942. The two accidents within three years prompted county officials, who have juris-diction over land-use decisions at the site, to restrict development near the Basic Management complex to create a buffer to minimize injuries from any future acci-dents. PEPCON eventually rebuilt in Utah. After the PEPCON blast, Clark County commis-sioners attempted to encourage develop-ment of industrial sites farther away from population centers, and the Apex site was developed north of Las Vegas. Kerr-McGee, a company that also made ammonium perchlorate did move part of

its operation — the storage and mixing facility — to a 3,400-acre site at Apex but left the chemical manufacturing at the Basic Management site. Ammo-nium perchlorate production ceased at the site in 1998. Today, companies with the largest quantity of hazardous materials near large population centers in the Las Vegas Valley are still in the Basic Management site or nearby, said Rich-ard Brenner, Clark County Fire De-partment hazardous materials coordi-nator. The site is home to Olin, which bought the Pioneer facility; Tronox, formerly part of Kerr-McGee, and Titanium Metal Corp. The Thatcher Company of Nevada is situated near the site and also works with large quantities of hazardous materials. The potential danger at the facilities is mostly tied to the use of chlorine, which can irritate the respiratory system and eyes and in larger concentrations cause vomiting, lung damage and death. Chlorine gas is a strong oxidizer, which may react with flammable materials. In 1986, the federal government passed the Emergency Planning and Commu-nity Right-to-Know Act, which man-dated specific measures to help com-munities plan for emergencies involv-ing hazardous materials, including establishing emergency response com-missions in each state and requiring certain facilities to cooperate with local

authorities on disaster plans. Brenner has been working on plans for hazardous material emergencies for decades and also is part of the Nevada State Emergency Response Commis-sion. During his time working for both Las Vegas and then Clark County, he has worked with facilities around the valley to develop emergency plans and also mitigate the chance of a disaster by encouraging some companies to use different chemicals or processes. "We have plans for everywhere we know chemicals are stored," Brenner said. "At Olin, we don't just drive onto the facility. They meet you at the en-trance, and you meet with their safety people and there is a unified command. They know the process better than we do, so we plan together to address an emergency and get it mitigated." Brenner said a Henderson Industrial Council that includes plant managers, business owners and other community members meets regularly to talk about issues regarding the plants. Here's a look at some of the plants and other places in the valley where offi-cials have planned for hazardous mate-rial emergencies: Read more: http://www.lasvegassun.com/news/2013/may/03/clark-county-hazardous-material-sites/#ixzz2TqOn46hb

PEPCON anniversary serves as reminder: Hazardous materials emergencies could occur in Clark County By Tovin Lapan

P a g e 4 G A T E K E E P E R

CAMEO Companion is now available for printing please contact: State of Arizona Department of Corrections

Dirk Johnson, Account Manager 3107 W. Cambridge Avenue

Phoenix, AZ 85009 602-272-7600 Ext. 207

Toll Free: 800-992-1738 Fax: 602-272-1007 Cell: 602-388-7230

djohnso1@azcorrections.gov

WACO - In a special hearing on Wednes-day, a state agency testified before the Homeland Security and Public Safety Committee, and said McLennan County does not have a Local Emer-gency Planning Committee (LEPC). Thursday, county officials met with the media to clarify if the claim was true, but at the end of the meeting it still wasn't clear if one exists. A law by the federal govern-ment requires each county to have a LEPC. The purpose of the committee is to identify all potential hazards throughout the county, and develop a plan by

conducting drills. The question was asked why the West Fertilizer Company never conducted disaster drills knowing the potential hazard. "I don't know. As many two tier reports as we get, again, you know, I don't look at every single one of them or read every single one of them every single content are passed off on the local responders," said Frank Patterson, Waco-McLennan County Emergency Man-agement Coordinator. LEPC is part of the Waco-McLennan County Emer-gency Management team.

Patterson confirmed there is an LEPC in a statement he read. "McLennan County has a comprehensive emergency management plan that meets or exceeds the standards, that includes response protocols for all hazards, and we con-duct exercise on this various plans at least three times a year. Each city is required to sign off on this plan," Patter-son said. Patterson was also asked for proof of the LEPC and if he could name the chairman of the committee. "I'd have to go and pull out the minutes and find out,"

Patterson said. At the end, he was asked if he understood the roles of the LEPC, and he was told by a county commissioner he didn't have to answer that question. Patterson was asked on Thursday afternoon if he had any evidence a LEPC existed, the evidence he had on him were the min-utes from past meetings which are supposedly held once a year. There are still some questions to be an-swered Thanks to Tim Gablehouse.

Questions remain about McLennan County's LEPC - News Channel 25 KXXV-TV:

An Allegheny County Hazardous Materi-als team was summoned Tuesday night to Leetsdale to investigate a mysterious smell coming from a neighborhood garage. Leetsdale Fire Chief Ernie Logan said the odor turned out to be an acid spill in the stand-alone garage at 169 Broad St. The spill was contained to the building and the owner, Bob Kunsak of Moon Township, is now responsible for hiring a hazardous materials team to clean up the remaining spill.

Neighbors first smelled the odor in the area of 169 Broad St. and alerted the borough fire chief, who then noti-fied the police. Authorities responded around 8 p.m. and determined a chemical-like smell was coming from inside an old brick garage near Mohawk Alley, where vehicles and materials are stored. The building was formerly a repair facility years ago. Authorities set up a staging area and

roped off the section of Broad Street with caution tape. Crews remained on scene until 1 a.m. In addition to Hazmat and Leetsdale police and fire, Allegheny County Emergency Services, Cochran Hose Co., Valley Ambulance, and the De-partment of Environmental Protection responded. The Salvation Army also responded with a mobile canteen truck.

UPDATE: HazMat Team Investigates Strange Odor in Leetsdale:

P a g e 5 V o l u m e X I I I , E d i t i o n 6

EDC reaches major clean water settlement targeting pollution from oil and gas field in coastal Ventura County: Santa Barbara Independent – (California) EDC reaches major clean water settlement targeting pollution from oil and gas field in coastal Ventura County. A sub-sidiary of Occidental Petroleum Corporation reached an agreement

with the Environmental Defense Center to improve stormwater run-off from the Rincon Grubb oil field as well as provide warning and additional water quality testing for hydraulic fracturing. The settle-ment also requires a dedication of

$95,700 to the Northern Ventura County Coast Watershed Fund for the mitigation of pollutants to coastal watersheds. Source: http://www.independent.com/news/2013/may/16/edc-reaches-major-clean-water-settlement-targeting/

Damaged nuclear plant in Japan leaks toxic water: New York Times – (International) Damaged nuclear plant in Japan leaks toxic water. Around 120 tons of highly contaminated cooling

water was estimated to have breached the inner protective lining of a storage pool that services the damaged Fukushima nuclear power

plant in Japan. Source: http://www.nytimes.com/2013/04/07/world/asia/japan-nuclear-plant-leaks-radioactive-water.html

P a g e 6 G A T E K E E P E R

Tyson fined $4 million after accidental chemical releases: KFSM 5 Fort Smith – (National) Tyson fined $4 million after acci-dental chemical releases. Tysons Foods will pay close to $4 million in fines in a settlement with the

federal government over the acci-dental release of chemicals at Ty-son plants in four States that caused injuries, property damage, and one death. Source:

http://5newsonline.com/2013/04/05/tyson-fined-4-million-after-accidental-chemical-releases/

Shippers of materials using the proper shipping name, mercury contained in manufactured arti-cles, may assume that shipping these materials is straightfor-ward and may even ask, “It’s a thermometer or a thermostat, how hard can shipping these materials be?” To ship even simple items such as these, you must understand and comply with the fairly complex shipping rules that apply. To begin with, when you look up this proper shipping name in DOT’s hazardous materials ta-ble (HMT), published at 49 CFR 172.101, you see an A and a W in Column 1 – Symbols, of the HMT entry. The A and W indicate these items are only regulated as a hazardous mate-rial if shipped by air or wa-ter. The exception to this rule is that if the material (such as a thermostat or thermometer) meets the definition of a hazard-ous waste (required on a mani-fest by 40 CFR 262) or a haz-ardous substance (which ex-ceeds the Reportable Quantity of 1 lb for mercury), then the shipment is a regulated hazard-

ous material. Even if you have been ship-ping these items for years, you may not be aware of DOT’s final rule published in the Federal Register on January 7, 2013, which made several changes in the HMT entry for mercury contained in manufactured articles to harmonize the entry with international shipping standards. The final rule made the follow-ing changes to the HMT entry: • Assigned UN3506 to the entry, replacing previ-ously assigned UN2809 (see Column 4 of the HMT). • Added 6.1 toxic label requirement as a secondary hazard, in addition to the class 8 label requirement already in place (see Col-umn 6 of the HMT). Added special provision A191 (49 CFR 172.102), applicable for aircraft ship-ments of these items (see Column 7 of the HMT). Special provision

A191 states the 6.1 toxic sub-sidiary risk label and the re-quirement to indicate the sub-sidiary risk on the shipping paper are not required for manufactured articles contain-ing less than 5 kg (11 lb) of mercury. Therefore, if air shipment packages containing these articles have less than 11 lb of mercury, they are not required to have the 6.1 label, whereas fully regulated ground shipments must have both the Class 8 and the Class 6.1 labels. 

You may voluntarily comply with the final rule changes listed above immediately, but you are required to comply with the changes beginning January 1, 2014. You must also follow the packaging instructions identi-fied for this HMT entry at 49 CFR 173.164 (see Column 8 of the HMT). Among the packaging instructions pro-vided at 49 CFR 173.164, several key points in-clude: aircraft shipments must

How to Ship Manufactured Articles that Contain Mercury [49 CFR 172.101]:

be packaged in Packing Group I (performance stan-dard X) packages; ship-ments other than aircraft must be packaged as Pack-ing Group III; cargo ship-ments are not regulated if each manufactured item contains < 100 mg of mer-cury and are packaged so that each package contains < 1 gram of mercury. Be certain to consult and fol-low all the 49 CFR 173.164 packaging instructions ap-plicable for your specific shipment.

Learn more about how to ship hazardous materials properly by attending Envi-ronmental Resource Cen-ter's DOT Hazardous Mate-rials Training: The Com-plete Course seminar, DOT Hazardous Materials Train-ing: The Complete Course webcast, or DOT Hazard-ous Materials Update web-cast.

Industry Corner

P a g e 7 V o l u m e X I I I , E d i t i o n 6

Mercury spills less than or equal to the amount in a thermometer. EPA recommends that the following procedures be followed to clean up mercury spills less than or equal to the amount in a thermometer: • Remove everyone, including pets, from the area in which cleanup will take place. Do not allow assistance from children. • IF you are using powdered sulfur, sprinkle it over the spill area at this time. Powdered sulfur may be purchased from laboratory, chemical supply and hazardous materials re-sponse supply manufacturers. Please note that powdered sulfur may stain fabrics a dark color. Users should understand the product and how to use it, and should not breathe in the pow-der. The sulfur does two things: ο It makes the mercury easier to see, since there is a color change from yellow to brown. ο It keeps the mercury from vaporizing. ο Put on rubber or latex gloves. ο If there are any broken pieces of glass or sharp objects, pick them up with care. Place all broken objects on a paper towel. Fold the paper towel and place in a Ziplock ® bag. Secure the bag and label the bag accordingly. ο Use a squeegee or piece of cardboard to gather mercury beads. Use slow sweeping mo-tions to keep mercury from becoming uncon-

trollable. Use a flashlight to look for any additional mercury beads that may be stick-ing to the surface or in small cracked areas of the surface. ο Use the eyedropper to collect or draw up the mercury beads. Slowly and carefully squeeze mercury onto a damp paper towel. Place the paper towel in a Ziplock® bag and secure. Make sure to label the bag. ο After removing the larger beads, put shaving cream on top of a small paint brush and gently blot the affected area to pick up smaller, hard-to-see beads. Use sticky tape to pick up any remaining glass frag-ments. Place the paint brush and duct tape in a Ziplock® bag and secure. Make sure to label the bag.  ο Place all materials used for the cleanup in a trash bag. Place all mercury beads and objects into the trash bag. Secure trash bag and label bag. Remember to re-move gloves and place in trash bag. ο Contact your local health department or your local fire department for proper disposal in accordance with local, state, and federal laws. ο Remember to keep a window open for at least 24 hours after your successful cleanup. Continue to keep pets and children out of cleanup area. If sickness occurs, seek

medical attention immediately. Mercury can be cleaned up easily from wood, linoleum, tile, and any other like surfaces. If a spill occurs on carpets, curtains, upholstery, or other like surfaces, these contaminated items should be thrown away in accordance with the proper disposal practices. Only cut and remove the affected portion of the con-taminated carpet for disposal. Mercury spills more than the amount in a thermometer. EPA recommends that the following procedures be followed to clean up mercury spills more than the amount in a thermometer: • Isolate the area. • Turn down temperature. • Open windows. • Don't let anyone walk through the mer-cury. • Don't vacuum. Contact a fire department or public health official. Mercury spills greater than 1 pound (lb) (2 tablespoons). EPA requires that the National Response Center must be contacted any time 1 lb or more of mercury is released into the environment. The National Response Center operates a 24-hour hotline at 800-424-8802.

Tips for Safe Mercury Cleanup:

Penalties Increased for Violating Federal Hazmat Laws and Regulations: The US Department of Transportation’s Pipe-line and Hazardous Materials Safety Admini-stration (PHMSA) announced that the increased maximum civil penalties for safety violations of Federal hazardous materials transportation law and the regulations issued under that law that lead to death, serious injuries or extensive prop-erty damage are now in effect. The increased penalties are being published in revisions to PHMSA’s regulations and reflect statutory changes in the Moving Ahead for Progress in the 21st Century Act (MAP-21). “These laws exist to keep people safe, and the increased penalties will help us make sure that those who knowingly violate the rules will be held accountable,” said US Transportation Sec-retary Ray LaHood. Civil penalties are assessed for knowingly vio-lating a hazardous material transportation law

or a regulation, order, special permit or ap-proval issued under that law. MAP-21 pro-vides that the following updated civil penal-ties apply to violations occurring on or after October 1, 2012: • The maximum civil penalty is increased from $55,000 to $75,000 for knowingly vio-lating Federal hazardous material transporta-tion law 

• The maximum civil penalty for know-ingly violating laws and regulations that re-sult in death, serious illness, severe injury to any person or substantial destruction of prop-erty is increased from $110,000 to $175,000 • The $250 minimum civil penalty has been eliminated The civil penalty for violations related to training has reverted to $450 

“Hazmat safety regulations exist to keep people, property, and the environment safe, and it is our responsibility to enforce these laws,” said PHMSA administrator Cynthia Quarterman. “When someone breaks the rules, it puts us all at risk. The consequences for doing so should be substantial enough to discourage misconduct.” MAP-21 builds on the Department’s efforts to improve safety across all modes of trans-portation. Adjustments to civil penalties were authorized in the Hazardous Materials Trans-portation Safety Improvement Act of 2012, the section of MAP-21 that provides PHMSA with resources it needs to carry out its critical safety mission. The rule was published in the April 17, 2013, Federal Register.

P a g e 8 G A T E K E E P E R

The reporting thresholds for H2S are 25,000 pounds manu-factured or processed or 10,000 pounds otherwise used. Reporting is required if a facil-ity meets either of these thresh-olds, is in a specific industrial sector (e.g., manufacturing, mining, electric power genera-tion), and employs 10 or more full-time equivalent employees. The EPA has developed online tools to help owners and opera-tors determine if they are sub-ject to TRI reporting and make their submissions online. Paper submissions may also be made, but the Agency has a strong preference to keep the entire process electronic. More information on the mechanics of reporting is here. H2S uses H2S is a colorless, flammable, extremely hazardous gas with a rotten egg smell. Common names for the gas include sewer gas, stink damp, swamp gas, and manure gas. It occurs natu-rally in crude petroleum, natural gas, and hot springs. In addition, H2S is produced by bacterial breakdown of organic materials and human and animal wastes (e.g., sewage). Industrial activi-ties that can produce the gas

include petroleum/natural gas drilling and refining and processes associated with wastewater treatment, coke ovens, tanneries, and kraft paper mills. H2S can also exist as a liquid com-pressed gas. H2S has few important commercial uses. How-ever, it is used to produce sulfur, one of the most commercially important elements. About 25 percent of all sulfur is obtained from natural gas and crude oil by conversion of one-third of the H2S to sulfur dioxide. TRI history H2S was added to the TRI list of chemicals in a final rule published December 1, 1993. About 8 months later, the EPA issued an administrative stay of the TRI requirement for H2S to review issues stakeholders brought to the Agency’s attention after promulga-tion. Specifically, in its proposed rule, the EPA cited chronic respiratory effects as the “chronic human health ef-fects” criterion for the list-

ing; but in the final rule, the Agency switched that crite-rion to chronic neurotoxic effects. In other words, the public had no opportunity to comment on the actual human health effect the EPA used to support the listing. The EPA viewed this as a valid objec-tion to the final rule. Members of the regulated community also said that the EPA diverged from past list-ing practice by not including an exposure analysis in the decision to list H2S (i.e., the listing was based on the toxic-ity of the substance rather than the risk of people being exposed to it). While not agreeing that the exposure analysis decision was inconsistent with past practice, the Agency saw enough merit in the two ob-jections to issue the adminis-trative stay on the rule that required H2S reporting under the TRI. The stay only sus-pended the effectiveness of the listing rule; the rule was not withdrawn and was reacti-vated as it was originally writ-ten. Chronic health effects In lifting the stay, the EPA

TRI Reporting of Hydrogen Sulfide: reiterates that its technical evaluation shows that H2S can reasonably be antici-pated to cause chronic health effects in hu-mans. The Agency states that chronic health effects have been observed in laboratory animals exposed to low levels of H2S. In addition, the EPA states that the technical evalua-tion shows that the toxicity of H2S can reasonably be anticipated to cause signifi-cant adverse effects in aquatic organisms. “As an aside,” stated the Agency when lifting the stay, “EPA notes also that it believes that the above findings clearly demonstrate the correctness of the Agency’s final decision in December 1993 to list hy-drogen sulfide on the EP-CRA section 313 toxic chemicals list based on the listing criteria in EPCRA sections 313(d)(2)(B) and (C). “By lifting the stay, com-munities will have more information about this toxic chemical,” the Agency adds.

The DOT is required to adjust the amount of the annual regis-tration fee to account for any unexpended balance in the Haz-ardous Materials Emergency Preparedness (HMEP) Fund. Due to an unexpended balance that has accumulated in the Fund, the DOT’s Pipeline and Hazardous Material Safety Ad-ministration (PHMSA) is lower-ing the registration fees for reg-

istration year 2013-2014 for persons that transport or offer for transportation in commerce certain catego-ries and quantities of haz-ardous materials. For registration year 2013-2014 the fee for a small business or not-for-profit organization is revised to be $125 (plus a $25 proc-

essing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registra-tion year, the registration fees will return to 2012-2013 reg-istration year levels. In order to make the change effective for the 2013-2014 registration year and thus draw down the unexpended

DOT Temporarily Reduces Hazmat Registration Fees: balance as soon as possi-ble, PHMSA issued final rule without a prior notice of proposed rulemaking in accordance with good cause exemption specified in the Administrative Pro-cedures Act.

P a g e 9 V o l u m e X I I I , E d i t i o n 6

Acting Secretary of Labor Seth D. Harris released the US De-partment of Labor's fiscal year 2014 budget request, The president's budget for the Department of Labor requests $12.1 billion in discretionary funding. It invests in programs that improve services for work-ers and job seekers by modern-izing the federal job training system and creating employ-ment opportunities for the long-term unemployed and low-income adults and youths. The request devotes significant resources to putting our veter-ans, particularly those with disabilities or other significant barriers to employment, back to work. It provides improved re-employment services that enable individuals newly sepa-rated from the military to suc-cessfully transition into civil-ian careers. As the economy changes, training and employment pro-grams must innovate and adapt to effectively help American workers gain needed skills. The FY 2014 budget proposes a new Universal Displaced Worker program that will reach more than a million workers a year with a set of core services, replacing two more narrowly-targeted pro-grams and ensuring that all dislocated workers receive high-quality job search assis-tance. In addition, the budget request provides $150 million for a competitive Workforce Inno-

vation Fund to test new evidence-based workforce development strategies and bold systemic reforms com-ing from states and locali-ties. Of that amount, $50 million will be used to identify strategies to help veterans, military family members, and members of the National Guard and Reserve, and $10 million will be focused on identify-ing effective strategies to improve outcomes for dis-connected youths. The budget proposes $8 billion for a Community College to Career Fund, to be ad-ministered jointly with the US Department of Educa-tion, that will invest in part-nerships between commu-nity colleges and business to train workers for good-paying jobs in high-growth and high-demand indus-tries. It would begin in 2015 as a successor to the Trade Adjustment Assis-tance Community College and Career Training pro-gram. The department's request is focused on helping the long-term unemployed get back to work. It includes a $4 billion Re-employment NOW program, which in-corporates a number of reforms to help Unemploy-ment Insurance claimants and other long-term unem-ployed individuals get back to work more quickly, and a $12.5 billion Pathways Back to Work Fund to

make it easier for workers to remain connected to the workforce and gain new skills for long-term employment. In addition, the budget provides $25 million to encourage in-novative states to come for-ward with new and better strategies to return UI benefi-ciaries to work. The budget also proposes reforms to put state UI systems on the path to solvency. Highlights of the FY 2014 budget request include: • An additional $5.8 mil-lion for Mine Safety and Health Administration en-forcement programs to pursue strategies that prevent death, disease, and injury from min-ing, and $2.5 million to im-plement recommendations from the internal review con-ducted in the wake of the Up-per Big Branch Mine disaster • An additional $5.9 mil-lion to bolster OSHA’s en-forcement of the numerous laws that protect workers and others from retaliation for reporting unsafe and unscru-pulous practices • Nearly $14 million to combat the misclassification of workers as independent contractors, which deprives workers of benefits and pro-tections to which they are legally entitled and puts law-abiding businesses at a disad-vantage against employers who violate the law • An additional $3.4 mil-lion for the Wage and Hour Division to support greater

More Money Budgeted to Enforce OSHA Regulations: enforcement of the Fair La-bor Standards Act and the Family and Medical Leave Act • $5 million for the crea-tion of a State Paid Leave Fund to assist workers who need to take time off to care for a child or other family member An initiative to encourage companies to fully fund their pension benefits by authorizing the Pension Benefit Guaranty Corp. board to adjust premiums and take into account the risks that different retire-ment plan sponsors pose to their retirees. Under the ini-tiative, the PBGC is esti-mated to save $25 billion over the next decade.  Finally, the department's FY 2014 budget request contin-ues existing efforts to en-hance program effectiveness and improve efficiency. The department will invest in program evaluations to be overseen by the chief evaluation officer and re-quests increased authority to set aside funds from major program accounts for more evaluations. These invest-ments will provide the de-partment with valuable in-formation about strategies and approaches that work so that resources can be allo-cated strategically.

P a g e 1 0 G A T E K E E P E R

The EPA requires that anyone who manufactures, imports, or exports hazardous chemicals must comply with TSCA. The Act requires that anyone who wants to manufacture or import a chemical not listed on the TSCA list of chemicals must notify the EPA at least 90 days before producing or importing the new chemical substance. TSCA also imposes reporting require-ments for anyone who exports hazardous chemicals subject to TSCA. TSCA's rules are enforced by both the EPA and the U.S. De-partment of Homeland Security's Bureau of Customs and Border Protection (CBP). Mercury The Mercury Export Ban Act (MEBA) amended TSCA to pro-hibit the export of elemental mer-cury from the United States effec-tive January 1, 2013. The Act is intended to reduce the availability of elemental mercury in domestic and international markets. By re-ducing the supply of elemental mercury in commerce, the Act aims to reduce the use of mercury in small-scale gold mining and for other commercial purposes glob-ally. In addition, federal agencies are prohibited from conveying, selling, or distributing elemental mercury that is under their control or juris-diction. This includes stockpiles held by the Department of Energy (DOE) and the Department of De-fense. The Act also required the DOE to designate facilities for long-term management and storage of ele-mental mercury generated within the United States. The MEBA applies to elemental mercury, not mercury compounds. The EPA does not consider the materials listed below, for exam-ple, to generally fall within the scope of the export and federal agency transfer bans: • Products (consumer and non-consumer), including discarded products; • Dental amalgam (predosed

capsule form); • Scrap metal and used electronics; • Media (including groundwater, surface water, soils, and sediment) and de-bris that are managed for im-plementing cleanup; • Reference materials in which the mercury occurs as contamination in media (e.g., soil, sediment, water, sludge); • Industrial, commercial, and remediation residuals; and • By-products of coal com-bustion.  Note, however, that the EPA believes that any export or federal agency transfer of materials containing elemen-tal mercury, including the above examples, with the intent to recover the elemental mercury for resale or reuse would be banned. This is con-sistent with the purposes of the MEBA. In addition to the examples above, the MEBA specifically excludes from the bans trans-fer and export of coal that may contain elemental mer-cury. PCBs No person may import poly-chlorinated biphenyls (PCBs) or PCB items for disposal without an exemption issued under the authority of TSCA. No person may export PCBs or PCB items for disposal without an exemption, except that PCBs and PCB items at concentrations less than 50 parts per million (ppm) may be exported for disposal. For example, the EPA may grant an exemption to a spe-cific petitioner to export PCBs for use in small quantities for research and development, or an exemption may be granted for the import of a small quantity of existing PCB flu-ids from electrical equipment

for analysis. The EPA must receive a petition for an exemption from the PCB prohibition on imports and/or exports 60 days before engaging in these activities (40 CFR 761.80). PCBs and PCB items of un-known concentrations are treated as if they contain greater than 50 ppm (40 CFR 761.97). The following PCB shipments are not considered exports or imports: • PCB waste generated in the United States, transported out-side the customs territory of the United States (including any residuals resulting from cleanup of spills of such wastes in tran-sit) through another country or its territorial waters, or through international waters, and re-turned to the United States for disposal. Examples of such terri-tories and possessions are Guam, American Samoa, the Common-wealth of the Northern Mariana Islands (CNMI) including Sai-pan, and the U.S. Virgin Islands. • PCB waste in transit, in-cluding any residuals resulting from cleanup of spills during transit, through the United States (e.g., from Mexico to Canada, from Canada to Mexico). • PCB waste transported from any state to any other state for disposal, regardless of whether the waste enters or leaves the customs territory of the United States, provided that the PCB waste or the PCBs from which the waste was derived were present in the United States on January 1, 1979, and have remained within the United States since that date. This exemption allows U.S. territories and possessions that fall outside of the definition of "customs territory of the United States" to dispose of their PCB waste in the mainland of the United States where facilities are available that can properly dis-pose of PCB waste.

Shipping Chemicals? Not So Fast ... Pesticides All hazardous chemical ex-ports, including pesticides, must meet the federal hazard-ous chemical requirements under TSCA. In addition, the EPA has additional export requirements for nonregis-tered pesticides. Companies manufacturing pesticides for export to another country must comply with specific labeling and notification rules under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulations. When it comes to environ-mental compliance, the Envi-ronmental Manager's Com-pliance Advisor is your "peace of mind" guide to environmental protection agency (EPA) regulations at 40 CFR. This plain-English newsletter gives you practical compliance advice on every key environmental compli-ance topic and acronym from CERCLA ... RCRA ... NESHAPS… NPDES ... to SPCC. Join the thousands of envi-ronmental professionals who have counted on the Advisor newsletter's practical advice and best practice case studies for almost 25 years. As part of your subscription, you will receive a quarterly insert. This added feature, EHS & Your Business, will help you inform senior man-agement and other key deci-sion makers in your company of business-critical develop-ments in the field of environ-ment, health, and safety (EHS). Each quarterly insert will spotlight one strategic and timely issue as well as briefly highlight the most important EHS legal develop-ments that could affect your business operations, EHS strategy, and EHS ROI.

P a g e 1 1 V o l u m e X I I I , E d i t i o n 6

.The former president of Port Arthur Chemical and Environ-mental Services, LLC, (PACES), has pleaded guilty in federal court to occupational safety crimes which resulted in the death of an employee, an-nounced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Envi-ronment and Natural Re-sources Division, and John M. Bales, US Attorney for the Eastern District of Texas. Matthew Lawrence Bowman, 41, of Houston, pleaded guilty to violating the Occupational Safety and Health Act (OSH Act) and making a false state-ment. Bowman admitted to not properly protecting PACES employees from exposure to hydrogen sulfide, a poisonous gas resulting in the death of truck driver Joey Sutter on December 18, 2008. In addi-tion, Bowman admitted to di-recting employees to falsify transportation documents to conceal that the wastewater was coming from PACES after a disposal facility put a mora-torium on all wastewater ship-ments from PACES after re-ceived loads containing hydro-gen sulfide. “Bowman’s actions showed a preference for profit above the safety of his employees, put-ting them and the public in life threatening situations by not properly identifying the dan-gerous materials PACES was handling,” said Assistant At-torney General Moreno. “The Justice Department will con-tinue to vigorously enforce

laws enacted for the protec-tion of human health and the environment.” “In this day and age, it seems inconceivable that workers would be exposed to the level of danger that was routine at PACES,” said US Attorney Bales. “Mr. Bowman’s actions as the leader of the company were more than just cavalier, they were criminal and he is being held to account. We con-tinue to grieve for the need-less loss of life and the pain and suffering of Mr. Sut-ter’s family and friends. This investigation and prosecution is the result of an excellent combined ef-fort of the identified agen-cies and I am grateful for their hard work.” “The plea agreement reached today sends a strong signal to all who would illegally transport hazardous materials,” said Max Smith, regional Spe-cial Agent-in-Charge, US DOT, Office of Inspector General. “Working with our law enforcement and prosecutorial colleagues, we will continue our efforts to ensure safety in the transport of these materials and vigorously pursue those who violate the law.” “Laws regarding the safe and legal handling of haz-ardous materials are in place for a reason—to save lives,” said Ivan Vikin,

Special Agent in Charge of the US EPA’s criminal en-forcement program in Texas. “The defendant admitted that his actions directly led to the death of one of his employ-ees. This plea demonstrates that EPA and its partner agen-cies, the Texas Commission on Environmental Quality’s Environmental Crimes Unit and the Department of Trans-portation’s Office of the In-spector General, will prose-cute anyone whose actions place the public at risk.” According to information presented in court, Bowman was president and owner of PACES, located in Port Ar-thur, Texas, and CES Envi-ronmental Services (CES) located in Houston. PACES was in operation from No-vember 2008 to November 2010, and was in the business of producing and selling caus-tic materials to paper mills. The production of caustic materials involved hydrogen sulfide, a poisonous gas. Ac-cording to the National Insti-tute for Occupational Safety and Health, hydrogen sulfide is an acute toxic substance that is the leading cause of sudden death in the work-place. OSHA requires em-ployers to implement engi-neering and safety controls to prevent employees from ex-posure above harmful limits of hydrogen sulfide. Bowman was responsible for approving and directing PACES production opera-tions, the disposal of hydro-

Company President Pleads Guilty to Crimes Resulting in Employee’s Death:

gen sulfide wastewater, and ensuring implementation of employee safety precau-tions. In some cases, Bow-man personally handled the investigation of work-related employee injuries, directed the transportation of PACES wastewater, and determined what safety equipment could be pur-chased or maintained. In the cases at issue, hazardous materials were transported illegally with false docu-ments and without the re-quired placards, with plac-arding being critical to en-sure the safety of first re-sponders in the event of an accident or other highway incident. Beyond these vio-lations, PACES workers were not properly protected from exposure to hazardous gases and the exposure re-sulted in the deaths of two employees who were truck drivers at the PACES facil-ity, Joey Sutter on Decem-ber 18, 2008, and Charles Sittig on April 14, 2009. Bowman and PACES were indicted by a federal grand jury on July 18, 2012. Bowman faces up to five years in federal prison and a fine of up to $250,000 at sentencing. A sentencing date has not been set. Charges remain pending against PACES with the corporation facing fines of up to $500,000 per count.

P a g e 1 2 G A T E K E E P E R

Unfortunately, whatever can spill, will spill. When a spill occurs in transportation, drivers need to know when the DOT or the EPA requires that the incident be reported to the National Response Center. Each of the agencies have different criteria that trigger this report. The EPA requires that the report be made if there is a release of a reportable quantity (RQ) of a hazardous substance. A hazardous substance is a material identi-fied on the hazardous substance list (49 CFR 172.101 Appendix A) that is shipped in a quantity per package that equals or exceeds the RQ identified on the list. According to 49 CFR 172.203(c), when shipping a hazardous substance, you must add the letters RQ to your shipping paper, either before or after the basic de-scription. For example:

• RQ, UN 2809, Mercury, 8, III UN 1090, Acetone, 3, II, RQ 

If the name of the hazardous sub-stance is not included in the basic description, you must add it in asso-ciation with the basic description. If your material consists of more than one substance that equals or exceeds the RQ, then add the names of at least two hazardous substance com-ponents, identifying those with the lowest RQs. For example: • RQ, UN 3082, Environmentally hazardous substance, solid, n.o.s., 9, III (Dicofol) UN 1139, Coating solution, 3, II, RQ (benzene, xylene) 

Add the RQ designation only when you are shipping a hazardous substance in quantities that equal or exceed the RQ. Make the RQ determination on a per package basis. Also, if shipping a non-bulk package containing a hazard-ous substance, mark RQ and compo-nent information on the package in accordance with 49 CFR 172.324. Customized on-site or webcast training is a practical and cost-effective way to get your employees the DOT hazard-ous materials training that they need. Contact Environmental Re-source Center at 1-800-537-2372 for more information.

How to Describe Hazardous Substances on Shipping Papers [49 CFR 172.203(c)]:

SUMMARY: PHMSA is pro-posing to address certain mat-ters identified in

the Hazardous Materials Trans-portation Safety Act of 2012 related to the Department's en-hanced inspection, investiga-tion, and enforcement authority. Specifically, we are proposing to amend the opening of pack-ages provision to include re-quirements for perishable haz-ardous material; add a new noti-

fication section; and add a new equipment section to the Department's procedural regulations. For the mandates to address certain matters related to the Department's enhanced inspection, investigation, and enforcement authority, we are proposing no addi-tional regulatory changes. We believe that the Depart-ment's current rules that were previously established

through notice and comment rulemaking and existing policies and operating pro-cedures thoroughly address the hazmat transportation matters identified by Con-gress. These inspection and enforcement procedures will not change the current in-spection procedures for DOT, but will augment DOT's existing enforcement procedures and allow the Department to respond im-

PHMSA proposed rulemaking on inspection of packages and other matters under enhanced inspection program:

mediately and effectively to conditions or practices that pose serious threats to life, property, or the environ-ment. As this rule affects only agency enforcement procedures, it therefore re-sults in no additional burden of compliance costs to indus-try. DATES: Comments must be received by July 22, 2013.

P a g e 1 3 V o l u m e X I I I , E d i t i o n 6

Air shipments of lithium batter-ies are subject to the Interna-tional Air Transport Associa-tion’s (IATA) Dangerous Goods Regulations (DGR). Section 2 of the DGR contains State and Operator

Variations, imposed by a country (state) or an airline (operator), and can be more stringent than the IATA regulations that normally apply.

When shipping lithium bat-teries, the first step is to find the proper shipping name in column B of the IATA dan-gerous goods list. Next, look for the applicable packing instructions (PI) in columns

IATA Operator Variation for Lithium Batteries Shipped by Air [IATA DGR 2.8.3, Operator Variation FX-07]:

G through L of the list. Packing instructions 965-970 apply to shipments of lithium batteries on passenger and cargo aircraft.

Each of the packing instructions is divided into the following sections:

General Requirements – Applicable to all bat-tery shipments as-signed to that packing instruction.

Section I/IA – Together with the General Re-quirements, applicable to the fully regulated, Class 9 battery ship-ments assigned to that packing instruction.

Section IB (only in PI 965 and 968) – Together with the General Re-quirements, applicable to the Section II bat-

teries that exceed the limits found in Tables 965-II and 968-II, Class 9 battery ship-ments assigned to that packing in-struction.

Section II – Together with the General Requirements, applicable to the excepted, battery shipments as-signed to that packing instruc-tion.

In each packing instruction, Section I requires the use of

the Shippers Declaration for Dangerous Goods (SDDG), and Section II batteries are exempted from the require-ment to use a SDDG. According to PI 965 and 968 (for lithium ion and lithium metal batteries), you are not required to use a SDDG, when your shipment qualifies for Section IB of these packing instructions. However, if you ship lith-ium batteries via FedEx, a SDDG could still be re-quired. Federal Express operator variation FX-07 requires that shipments of

UN 3480 Lithium Ion Batter-ies and UN 3090 Lithium Metal Batteries prepared in accordance with DGR Sec-tion IB are required to have a SDDG with each ship-ment. FX-07 also requires that the SDDG for these ship-ments be marked with “IB” in the authorizations column or in the additional handling information section. Learn more about how to ship batteries by attending Environmental Resource Center’s How to Ship Batter-ies by Ground and Air web-cast.

L E T ’ S H E A R F R O M Y O U ! 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,

Mark Howard Executive Director

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

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

Tribal Program Newsletter:

http://www.epa.gov/region09/indian/newslet.html

Tribal news:

http://www.navajohopiobserver.com/

P a g e 1 4 G A T E K E E P E R

How to Describe Marine Pollutants on Shipping Papers [49 CFR 172.203(l)]:

Marine pollutants are chemicals that are dangerous to aquatic life. Personnel who transport marine pollutants need to know when they are handling these materials so they can take appro-priate precautions to prevent and respond to releases that can en-danger aquatic life. Moreover, if a material is not otherwise identi-fied as a hazardous material, it nevertheless is a hazardous mate-rial if it meets the definition of a marine pollutant. For example, cadmium sulfide is a cadmium compound that has an LD50 well over 300 mg/kg, so it does not meet the criteria for classification as a toxic (6.1) hazardous mate-rial, nor does it meet the criteria for any of the other hazard classes. However, it is listed on the marine pollutant list and is therefore a candidate for classifi-cation as a hazardous material. Marine pollutants are listed in 49 CFR 172.101 Appendix B. Mixtures and solutions con-

taining these materials with con-centrations of at least 10% marine pollutants or at least 1% severe marine pollutants (designated with PP) are defined as marine pollut-ants. Marine pollutants are regu-lated by DOT in bulk packages for all modes of transportation (ground, air, water), and in non-bulk packages shipped by vessel (water). When you ship marine pollutants, you must include the words Ma-rine Pollutant with the basic de-scription on the shipping paper, according to 49 CFR 172.203(l). For example:

UN 2802, Copper chloride, 8, III, Marine Pollutant

If the proper shipping name you are using does not identify the name of the component that makes a material a marine pollutant, you must add that component name in parentheses to the basic descrip-tion. In cases where there are two or more components that contrib-

ute to the marine pollutant status, you must add the names of at least two components contributing to the hazard. For example:

UN 1263, Paint, 3, III, Marine Pollutant (triethylbenzene)

UN 3082, Environmentally hazardous substance, liq-uid (cadmium sulfide, isodecyl diphenyl phos-phate), 9, III, Marine Pol-lutant

In addition to declaring marine pol-lutants on shipping papers, you must apply the marine pollutant mark to packages when required by 49 CFR 172.332. For international ship-ments by air and vessel, you must consult and follow the international rules that apply. For more information on DOT re-quirements for shipping papers, at-tend Environmental Resource Cen-ter’s DOT Hazardous Materials Transportation course or webcast.

ARIZONA EMERGENCY RESPONSE COMMISSION 5636 E. MCDOWELL ROAD PHOENIX, AZ 85008-3495

PHONE: (602) 464-6346 FAX: (602) 464-6519

Visit us on the web:www.azserc.org AZSERC STAFF

Mark Howard Executive Director

Roger Soden HAZMAT Program Coordinator

Paul Culberson Web Portal/ Technology Coordinator

Sylvia Castillo Admin Asst III

Chrissy McCullough Admin Asst III

COMMISSIONERS:

Lou Trammell ADEM Director (Chair)

Will Humble ADHS Acting Director

Henry Darwin ADEQ Director

John Halikowski ADOT Director

Robert Halliday ADPS Director

DESIGNEES:

Mark Howard ADEM

Don Herrington ADHS

Veronica Garcia ADEQ

David Denlinger ADPS

Sonya Herrera ADOT

ADVISORY COMMITTEE:

Corporation Commission - Tom Whitmer

Industrial Commission - Darin Perkins

State Mine Inspector - Joe Hart

State Fire Marshal - Bob Barger

Radiation Regulatory Agency - Aubrey Godwin

Department of Agriculture - Jack Peterson

Arizona Fire Chiefs Association

-Mesa FD - Brady Leffler

-Yuma FD - Jack McArthur

Asst. State Attorney General - Jeffrey Cantrell

SRP - Daniel Casiraro

Intel Corporation - Randy Holmes

APS - Monica Ray

Private Sector - David McWilliams

GATEKEEPER NEWSLETTER:

MARK HOWARD – EDITOR IN CHIEF

CHRISSY MCCULLOUGH - EDITOR

This is accomplished through the receipt and coordination of emer-gency notifications of chemical re-leases, collection and provision of chemical inventory information to interested parties, training and grants programs. Additionally, the AZSERC pro-vides 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 informa-tion through coordination with fed-eral, tribal, state, local governments, industry and community interest

The AZSERC was established by Arizona Law (Arizona Revised Stat-utes-Title 26, Chapter 2, Article 3) and is tasked with the implementa-tion of the Emergency Planning and Community Right to Know Act (EPRCA) in Arizona. This Commission oversees 15 Local Emergency Planning Commit-tees and supports community, indus-try and government and academia in: planning, release and incident reporting, data management guid-ance for inventory reporting, public disclosure of information about haz-ardous chemicals in Arizona as well as development of training and out-reach programs. The Commission supports indi-vidual agency goals and objectives.

A b o u t o u r O r g a n i z a t i o n