-------
11-24
Acute poisoning - Symptoms are referable to Che central nervous system.
There is a preliminary period of excitement and restlessness followed by central
nervous system depression and death from respiratory failure.
Chronic Poisoning - The major toxic manifestations result from the action
of benzene on the bone marvow. Gastrointestinal symptoms such as anorexia and
nausea are common. Benzene may first stimulate leukocyte formation and then
cause inhibition of production of the precursors of all of the formed elements
of the peripheral blood, resulting in aplastic anemia.
Treatment - Once poisoning has developed it is important to prevent further
exposure. Therapy is symptomatic treatment.
GASOLINE
Gasoline is a petroleum distillate containing the distillate fractions of
petroleum ether, naphtha and benzene.
Toxicity - Gasoline vapors can sensitize the myocardium to catecholamines
so that small amounts of circulating epinephrine may precipitate ventricular
fibrillation and lead to sudden death. High concentrations of gasoline vapors
lead to rapid central nervous system depression and death from respiratory
failure.
Treatment - Treatment consists of svr.ptonatic and supportive measures.
KEROSENE
Kerosene is a common cause of accidental poisoning in children. Approximately
23,000 nonfatal poisonings due to petroleum distillate products occur annually
in children under 5 years of age.
Toxicity - The fatal oral dose for an adult is about 3 to 4 ounces. Chief
pathological findings are chemical pnetisionitis, explicated by bacterial penumonia,
and pulmonary edema. Ingestion of Isrga amounts -ay also damage parenchymatous
organs, i.e. liver, kidney and splaen. Signs and symptoms include tinnitus,
muscular incoordination, disoriencasLon, rfrcwsinass and eventually coma. Ingestion
of kerosene produces local irritation of oropharynx and esophogeal surfaces.
Vomiting may result in aspiration of kcrosane into the lungs. (The usual clinical
course is quite benign, unless lars;£ quantities have been ingested, or the
kerosene has been aspirated into the lungs).
Treatment - Emetics are definitely contraindjcated. Gastric lavage should not
be employed unless the risks involved are justified by the excessive quantity
ingested or the condition of the patient. Vegetable oil (olive oil) may be
administered to dilute the kerosene and decrease its rate of absorption.
CARBON TETRACHLORIDE
Carbon tetrachloride is used as a solvent, cleaner, ingredient in fire-
extinguisher fluid and insecticide sprays.
Absorption, Fate and Excretion - Carbon tetrachloride is readily absorbed
from the respiratory tract. Absorption is slow following oral ingescion, but the
presence of fats or alcohol enhance absorption of carbon tetrachloride.
A-78
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11-25
Toxlcitv - Applied locally, carbon tecrachloride is an irritant and
rubefacient. It depresses the central nervous system and sensitizes the
myocardium to cardiac arrhythmias. Carbon tetrachloride is hepacotoxic and
nephrotoxic.
Acute Intoxication - Acute exposure produces irritation of the eyes, nose,
and throat, nausea and vomiting, dizziness and headache. Continued exposure
produces central nervous system depression, coma and death. Sudden death may
occur from ventricular fibrillation of the sensitized myocardium.
Chronic Intoxication - Chronic intoxication is usually the result of
industrial exposure. The threshold-limit value is 25 ppm. Signs and symptoms
are nausea, vomiting, anorexia, central nervous system depression, hepatic and
renal damage.
Intoxication by Ingestion - Gastrointestinal symptoms are seen, including
hematemesis, abdominal pain, and liver damage. The fatal oral dose is 2 to 4
milliliters.
Treatment - Emergency treatment should be to move the patient to fresh
air if exposed to vapors. Empty the stomach immediately by inducing vomiting or
gastric lavage and give a laxative to minimize absorption if ingested. If
advanced central nervous system depression has occurred, every effort should be
made to prevent hypoxia by administration of 0, and artificial respiration. Do
not attempt to elevate blood pressure by use of sympaEhomimetic drugs because of
sensitized myocardium. Renal function and liver function should be observed.
Administer glucose and maintain the volume and composition of the body fluids.
A-79
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B
-------
VIII-1
FROM: "Enforcement Considerations for Evaluations of Uncontrolled
Hazardous Waste Disposal Sites by Contractors," NEIC, April/ 1980.
VIII. CHAIN-OF-CUSTODY
After collection and identification, the samples are maintained under
the Chain-of-Custody procedures. If the sample collected is to be split
with the owner or operator of the site, or other regulatory agencies, it
should be aliquoted into similar sample containers. Sample tags with
identical information are attached to each of the samples and are marked as
"Company Split" or "Split". If air samples are to be given to the Company,
then duplicate samples must be collected. The requesting official is to be
notified that the Company must reimourse the Government for the materials
used in sampling.
Each person involved with the sample must know Chain-of-Custody proce-
dures. The procedures should be included in the Project Plan or be published
and available to all personnel. Due to the evidentiary nature of sample-
collecting investigations, the possession of samples must be traceable from
the time the samples are collected until they are introduced as evidence in
legal proceedings. To maintain and document sample possession, Chain-of-
Custody procedures are followed.
1. Sample Custody
A sample is under custody if:
a. It is in your actural possession, or
b. it is in your view, after being in you physical possession,
or
c. it was in your physical possession and then you locked it
up to prevent tampering, or
d. it is in a designated and identified secure area.
2. Field Custody Procedures
a. When collecting samples for evidence, collect only that
number which provides a fair representation of the media
being sampled. To the extent possible, the quantity and
types of samples and sample locations are determined prior
to the actual field work. As few people as possible should
handle the samples.
B-l
-------
VIII-2
b. The field sampler is personally responsible for the care
and custody of the samples until they are transferred or
properly dispatched.
c. Sample tags shall be completed for each sample, using
waterproof ink unless prohibited by weather conditions.
d. During the course and at the end of the field work, the
FIT Leader determines whether these procedures have
been followed, and if additional samples are required.
3. Transfer of Custody and Shipment
a. Samples are accompanied by a Chain-of-Custody Record (see
following pages). When transferring the possession of
samples, the individuals relinquishing and receiving will
sign, date, and note the time on the Record. This Record
documents transfer of custody of samples from the sampler
to another person, to a mobile laboratory, or to the per-
manent laboratory.
b. Samples will be properly packaged for shipment and
dispatched to the appropriate laboratory for analysis,
with a separate signed Custody Record enclosed in each
sample box or cooler. Shipping containers will be pad-
locked or custody-sealed for shipment to the laboratory.
Preferred procedure includes use of a custody seal*
wrapped across filament tape that is wrapped around the
package at least twice. The custody seal is then folded
over and stuck to itself so that the only access to the
package is by cutting the filament tape or breaking the
seal to unwrap the tape. The seal is then signed. The
"Courier to Airport" space on the Chain-of-Custody Record
shall be dated and signed.
c. Whenever samples are split with a facility or government
agency, a separate Chain-of-Custody Record is prepared
for those samples and marked to indicate with whom the
samples are being split.
d. All packages will be accompanied by the Chain-of-Custody
Record showing identification of the contents. The
original Record will accompany the shipment, and a copy
will be retained by the Project Leader.
e. If sent by common carrier, a Bill of Lading 'should be
used. Receipts of Bill of Lading will be retained
as part of the permanent documentation.
* Custody Seals. Custody seals should be made of 1" x 6"-U.L. lutho tape
with security slots. This tape is backed with a very strong self adhesiv
so that once stuck to itself it will not come apart without breaking the
seal.
B-2
-------
0" "c ol Enforcement
CHAIN OF CUSir RECORD
PlO| NO
Project Name
f'\f.'iH EHt'> i.s yi
SfA I.O.
,lt
III If
STATION LOCATION
NO
OF
CON-
1AINLT1S
REMARKS
w
CO
Reiinquisli<:cl by pi
by i£
Relinquishod by: /£-g/"n«cj
Dale/Time
Date/Time
Date/Time
Received by (Signature)
Received by.
Relinquished by
Relinquished by.
Received lor Laboratory by
(Signature}
Date/Tune
Disiiinuiion Original Accompanies Shipment. Copy to Coordinator Field Files
Dale/Time
Date/Time
Received by
Received by:
Remarks
M-0001
-------
X-l
X. PACKAGING, MARKING, LABELING, AND SHIPPING OF
HAZARDOUS WASTE SITE SAMPLES
A. GENERAL PROVISIONS
Samples that are judged to be environmental samples may be shipped
according to letters of understanding granted EPA by DOT [Appendix D].
Other specific exemptions may also apply (e.g., use of Labelmaster, Inc.
package #38, or Dow Chemical Co. Imbiber Pack for shipment of Poison B,
n.o.s. by United Parcel Service).
The following procedures apply to samples collected from a hazardous
waste site (HWS), ana which in the judgment of the Project Leader cannot be
considered to be "environmental" samples.
Unanalyzed HWS samples may not be fixed with any preservative
or preserved with ice or dry ice.
If a material identified in the Department of Transportation
(DOT) Hazardous Material Table (49 CFR 172.101) is known to be
contained in an HWS sample, that sample should be transported
as prescribed in the table.
Unanalyzed HWS samples may be transported by rented or common
carrier truck, bus, railroad, and by Federal Express Corporation*
(air cargo); but they may not be transported by any other common
carrier air transport, even "cargo only" aircraft. Those samples
taken from closed drums or tanks, however, must not be transported
by Federal Express. (See 1 and 2 in "Packaging, Marking and
Labeling Requirements for Unanalyzed Hazardous Waste Site Samples
Taken From Closed Containers" on p. X-5).
If samples are transported by any type of government-owned
vehicle, including aircraft, DOT regulations are not applicable.
However, EPA and FIT personnel will use the packaging procedures
described below except that the Bill of Lading with certification
form does not have to be executed (see "Shipping Papers" on p. X-4),
These procedures are designed to enable shipment by entities like Federal
Express,- however, they should not be construed as an endorsement by EPA
of a particular commercial carrier.
B-4
-------
X-2
Irrespective of type sample or container, after completion of the
analyses the contractor will repackage the original sample bottles
in the coolers or containers received, and return them to the
originating Regional office. The packages will be sealed and
shipped under custody procedures as they were received. Each
originating office should make arrangements with the contractor
through the Sample Management Office (VIAR) for the method of
return and payment for shipping charges within 30 days after
sample shipment. Organic extracts from the samples will be
shipped by the analytical contractors to EPA's EMSL/Las Vegas
office for archival storage.
B. PACKAGING. MARKING AND LABELING REQUIREMENTS FOR UNANALYZED HAZARDOUS
WASTE SITE SAMPLES, EXCLUDING CLOSED CONTAINER SAMPLES
1. Collect sample in a 8-ounce* or smaller glass container with
nonmetallic, teflon-lined screw cap. Allow sufficient ullage
(approximately 10% by volume) so container is not liquid full at
130°F. If collecting a solid material, the container plus con-
tents shall not exceed one pound net weight.
2. Attach properly completed Sample Identification Tag (see following
page) sample container.
3. Seal sample container and place in 2-mil-thick (or thicker)
polyethylene bag, one sample per bag. (Tags should be positioned
to enable them to be read through bag.)
4. Place sealed bag inside a metal can with incombustible, absorbent
cushioning material (e.g., vermiculite or earth) to prevent
breakage, one bag per can. Pressure-close the can and use clips,
tape or other positive means to hold the lid securely, tightly
and effectively.
* Large quantities, up to one gallon, taken from wells may be collected
if the flash point of the sample can be determined to be 73°F or higher.
In this case, such should be marked on the outside container (carton,
etc.) but only a single (one gallon or less) bottle may be packed in
an outside container. Ten percent ullage and requirement 2.5,6, and
7 below must also be followed. On the shipping papers state that
"flash point is 73°F or higher".
B-5
-------
X-3
SAMPLE IDENTIFICATION TAG
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
(Appropriate Address)
(reverse)
B-6
-------
5. Mark and label this container as indicated in No. 8 below.
6. Place one or more metal cans (or a single 1-gallon bottle; see
footnote on p. X-2), surrounded with incombustible packaging
material for stability during transport, into a strong outside
container, such as a metal picnic cooler or a fiberboard box.
7. Mark and label the outside container and complete shipping papers
as described below.
8. Marking and Labeling: Use abbreviations only where specified.
Place the following information on a metal can (or bottle),
either hand printed or in label form: laboratory name and address
and "Flammable Liquid, n.o.s", (if not liquid, write "Flammable
Solid, n.o.s.").* Place the following labels on the outside of
the can (or bottle).
"Cargo Aircraft Only"; "Flammable Liquid"; if not
liquid, "Flammable Solid" ("Dangerous When Wet" label
should be used if the solid has not been exposed to
wet environment).
•NOTE: If the cans are placed in an exterior container, both
that container and inside cans must have the same markings and
labels as above. "Laboratory Samples" and "THIS SIDE UP" or
"THIS END UP" should also be marked on the top of the outside
container, and upward pointing arrows should be placed on all
four sides of the exterior container.
Shipping Papers: Use abbreviations only where specified below.
Complete the carrier-provided Bill of Lading and sign the certification
statement (if carrier does not provide, use standard industry form)
with the following information in the order listed. One form may be
used for more than one exterior container.
* Using "Flammable" does not convey the certain knowledge that a sample
is in fact flammable, or how flammable, but is intended to prescribe
the class of packaging in order to comply with DOT regulations; "n.o.s"
means not otherwise specified.
B-7
-------
X-5
"Flammable Liquid, n.o.s." (or "Flammable Solid, n.o.s", as
appropriate); "Cargo Aircraft Only"; "Limited Quantity" or
"Ltd. Qty."; "Laboratory Samples"; "Net Weight
or "Net Volume ." (of hazardous contents), by item,
if more than one metal can is inside an exterior container.
The net weight or net volume must be placed just before or
just after the "Flammable Liquid, n.o.s." or "Flammable Solid,
n.o.s." description.
A Chain-of-Custody Record form [see SECTION VIII] should also be
properly executed, and included in the exterior container.
9. Unless samples are driven to the laboratory, a team member must
accompany shipping container(s) to the transport carrier and, if
required, open outside container(s) for freight inspection.
C. PACKAGING. MARKING AND LABELING REQUIREMENTS FOR UNANALYZED HAZARDOUS
WASTE SITE SAMPLES TAKEN FROM CLOSED CONTAINERS
1. This packaging, marking, labeling and shipping method provides
a worst-case procedure for materials classed as "Poison A"
(49 CFR 173.328). In the absence of reliable data which exludes
the possibility of the presence of "Poison A" chemicals or com-
pounds, these procedures must be followed.
2. These samples may not be transported by Federal Express Corpora
tion (air cargo) or other common carrier aircraft, or by rental,
non-government aircraft. (Samples may be shipped by ground
transport or government aircraft).
3. Collect sample in a polyethlylene or glass container which is of
an outer diameter narrower than the valve hole on a DOT Spec.
3A1800 or 3AA1800 metal cylinder. Fill sample container allowing
sufficient ullage (approximately 10% by volume) so it will not be
liquid-full at 130°F. Seal sample container.
4 Attach properly completed Sample Identification Tag (see p. X-3)
to samole container.
B-8
-------
X-6
5. With a string or flexible wire attached to the neck of the sample
container, lower it into a metal cylinder which has been partial-
ly filled with incombustible, absorbent, loose packaging material
(vermiculite or earth). Allow sufficient cushioning material
between the bottom and sides of the container and the metal
cylinder to prevent breakage. After the cylinder is filled with
cushioning material, drop the ends of the string-or wire into the
cylinder valve hole. Only one sample container may be placed in
a metal cylinder.
6. Replace valve, torque to 250 ft-lb (for 1 inch opening) and
replace valve protector on metal cylinder, using teflon tape.
7. Mark and label cylinder as described below.
8. One or more cylinders may be placed in a strong outside container.
9. Mark and label outside container and complete shipping papers as
descrioed below.
10. Marking and Labeling: Use abbreviations only where specified.
Place the following information on the side of the cylinder, or
on a tag wired to the cylinder valve protector, either hand-
printed or in label form.
"Poisonous Liquid or Gas, n.o.s"; laboratory name and address.*
Place the following label on the cylinder: "Poisonous Gas". (Poisonous
Liquid" label not acceptable here, even if liquid.)
* Using "Poisonous" does not convey the certain knowledge that a sample
is in fact poisonous, or how poisonous, but is intended to prescribe
the cl^3s of packaging in order -s cr^nly with DOT regulations.
B-9
-------
X-7
Note: If the metal cylinders are placed in an outside container,
both the container and cylinders inside must have the same markings
and labels as above. In addition, "Laboratory Sample", and "Inside
Packages Comply With Prescribed Specifications" should be marked on
the top of the outside container. "THIS SIDE UP" marking should be
placed on the outside container and upward pointing arrows on four
sides.
Shipping Papers: Complete the shipper-provided Bill of Lading and
sign the certification statement (if carrier does not provide, use
standard industry form) with the following information in the order
listed. One form may be used for more than one exterior container;
use abbreviations only as specified:
"Poisonous Liquid, n.o.s."; "Limited Quantity" or "Ltd. Qty.";
"Laboratory Samples"; "Net Weight " or "Net Volume
(of hazardous contents), by cylinder, if more than one cylinder
is inside an exterior container. The net weight or net volume
must be placed just before or just after the "Poisonous Liquid,
n.o.s" marking.
A Chain-of-Custody Record form [see SECTION VIII] should also be
properly executed and included in the container, or with the cylinder.
11. Unless samples are driven to the laboratory, a team member will accompany
shipping containers to the transport carrier and, if required, open
outside container(s) for freight inspection.
B-10
-------
-------
EPA OCCUPATION- HEALTH
"IT IS THE POLICY OF THE ENVIRONMENTAL PROTECTION AGENCY TO ADMINISTER ITS
PROGRAMS IN A MANNER WHICH ASSURES SAFE AND HEALTHFUL WORKING CONDITIONS FOR ALL
EMPLOYEES. EVERY EMPLOYEE IS RESPONSIBLE FOR IDENTIFYING AND NOTIFYING THE
APPROPRIATE SUPERVISOR OF RISKS. HAZARDS. OR UNHEALTHFUL AND UNSAFE CONDITIONS."
. ADMINISTRATOR
EACH EPA EMPLOYEE IS A KEY ELEMENT IN EFFECTIVE IMPLEMENTATION OF THE EPA
OCCUPATIONAL HEALTH AND SAFETY PROGRAM OUR NATIONAL HEALTH AND SAFETY LEGISLATION
RELIES IMPORTANTLY ON EMPLOYEE INVOLVEMENT: NOT ONLY INVOLVEMENT IN FOLLOWING BASIC
RULES AND REGULATIONS. BUT INVOLVEMENT IN DEVELOPING THOSE REGULATIONS; INVOLVEMENT
IN HEALTH AND SAFETY COMMITTEE ACTIVITIES. AND MOST IMPORTANTLY - INVOLVEMENT IN
BRINGING TO MANAGEMENT'S ATTENTION UNSAFE OR UNHEALTHFUL CONDITIONS AT THEIR
WORKSITES.
PLEASE TAKE THE TIME TO PROTECT YOURSELF AND YOUR CO-WORKERS. COMPLETE DETAILS
ON THE EPA OCCUPATIONAL HEALTH AND SAFETY PROGRAM ARE CONTAINED IN THE EPA
OCCUPATIONAL HEALTH AND SAFETY MANUAL. WHICH IS AVAILABLE FROM YOUR SUPERVISOR.
PLEASE CALL FTS-755-4390 IF WE CAN HELP.
ASSISTANT ADMINISTRATOR FOR PLANNING
AND MANAGEMENT
DESIGNATED AGENCY SAFETY AND HEALTH
C-l
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Occupational Health & Safety Letter, September 8, 1980 5
* More than 50 percent of the workers were looking down when struck; about 30 percent were look-
ing straight ahead. Most of the blows were to the top front of the head, usually the forehead, and to a
lesser degree to the top center and to the top side and back of the head.
* Cuts and bruises of the scalp were the most prevalent type of injuries (50 percent) with cuts and
bruises of the forehead next (35 percent), followed by concussions (25 percent) and neck sprain (10 per-
cent).
Of the workers who were wearing hard hats, the survey showed that more than one-half were fur-
nished them by their employer without cost; two-fifths of the workers said their firm required the wearing
._• of hard hats for certain types of work at specific locations; 12 percent said their employers did not require
but encouraged the use of hard hats.
WHIRLPOOL CASE SAID TO ILLUSTRATE WORKER "SELF-HELP" RIGHT:
The recent Supreme Court decision upholdingjhejight of Whirlpool Corp. emplQyees_tojgfuse_dan^
gerous work assignments while at the same time denying them the righTto strike over the tssue^r_gven to
-Bfevenrdts"mTssal iran"empT6yeTdisag~reea^Bou"nHe danger (OCCUPATIONAL HEALTH & SAFETY
jnrr7£^Ma~rcrT8)Tlfustrates the court's endorsement of the concept of worker "self-help" in the Occupa-
tional Safety & Health Act.
That view was expressed by Dr. William J. Curran, Frances Glessner Lee Professor of Legal Medicine
at Harvard School of Public Health, in his commentary in the American Journal of Public Health (Sept.
1980). Dr. Curran is an attorney and industrial hygienist.
In the Whirlpool case, two maintenance workers refused to crawl out on a screen from which a co-
worker had plunged to his death nine days previously. A District court ruled that the Secretary of Labor
had exceeded his authority in 1973 in saying that the law gave workers the right to refuse hazardous duties.
But an appeals court in Cincinnati upheld the workers1 right to do so, and the Supreme Court unanimously
affirmed the appeals court ruling.
In his analysis, Dr. Curran noted that Supreme Court Justice Potter Stewart, who wrote the opinion,
refused to go beyond merely affirming the right of workers to refuse hazardous assignments. He would
not order that the workers be paid for the hours they had refused to work, sending this issue hack to the
lower court for a decision. Whirlpool had sent the two men home for the day and docked them for six
hours pay (about S25 each).
Justice Stewart also warned that the Supreme Court ruling should not be interpreted too broadly,
observing: *X.
x-**"*The employees have no power under the regulations to order their employer to correct the hazardous \
/condition or to clear the dangerous workplace of others. Moreover, any employee who acts in reliance on )
/ the regulations runs the risk of discharge or reprimand in the event a court subsequently finds he acted >/
[ unreasonably or in bad faith." ^
N, Dr. Curran commented:
"In these piecautions, Justice Stewart was apparently recognizing that the legjalaliYgJiLstory of the
Act in 1970 had indicated that Congress was against the use of the Act to provide 'strike_wijlu>ay' to pro-
ie3t.jn_aiTorganjzed manner against dangerous work conditions. Tfie~Supreme Court was attempting to
make it clearJn7rirritiost'insta>ices7f'wouldT?e"up to workers to notify OSHA, and then for OSHA itself
to seckjnj.unctjons" in court to require action by employers to cdrfecTaTIeged hazards?
"We can judge, therefore, that the'Supreme Court was endorsing 'seirnelp* ami immediate preventive
action against imminent danger to life or serious personal injury, but it was not willing to supplant all regu-
lar recourse to order law enforcement and court review in labor-management disputes over working con-
ditions."
W.H.O. REPORT RECOMMENDS NOISE EXPOSURE LIMITS, MORE RESEARCH:
The World Health Organization has published the report of its Task Group on Environmental Health
Criteria for Noise saying that any level above 75 dB(A) for an eight-hour workshift must be considered as
entailing some "predictable" risk which must be taken into account in setting occupational noise standards.
C-2
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Federal Register / Vol. 45. No. 129 / Wednesday. July 2.1980 / Presidential Documents 45333
Presidential Documents
Executive Order 12223 of June 30, 1980
Occupational Safety and Heallh Programs for Federal Em-
ployees
By the authority vested in me as President by the Constitution and statutes of
the United Slates of America, including Section 7902(c) of Title 5 of the United
Slates Code, and in accord with Section 19 of the Occupational Safety and
Health Act of 1970. as amended (29 U.S.C. 668). and in order to provide
sufficient time for the development of adequate implementing instructions
which will govern the new occupational safety and health programs for
Federal cmpldyees. Section 1-704 of Executive Order No. 12196 of February 26.
1980, is hereby amended to read. 'This Order is effective October 1. 1980.".
7 Doe. 80-30100
td 7-1-80; 10:91 am)
Jn| code 319.%-01-M •
THE WHITE HOUSE,
June 30, 1980.
**,
,. >S.
- f
C-3
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Federal Register
Vol. 45. No. 40
Wednesday, February 27. I960
12769
Presidential Documents
Titles—
The President
Executive Order 12196 of February 26, 1980
Occupational Safety and Health Programs for Federal
Employees
By the authority vested in me as President by the Constitution and statutes of
the United States of America, including Section 7902(c) of Title 5 of the United
States Code and in accord with Section 19 of the Occupational Safety and
Health Act of 1970, as amended (29 U.S.C. 668], it is ordered:
1-1. Scope of this Order.
1-101. This order applies to all agencies of the Executive Branch except
military personnel and uniquely military equipment, systems, and operations.
1-102. For the purposes of this order, the term "agency" means an Executive
department, as defined in 5 U.S.C. 101. or any employing unit or authority of
the Federal government, other than those of the judicial and legislative
branches. Since section 19 of the Occupational Safety and Health Act ("the
Act") covers all Federal employees, however, the Secretary of Labor ("the
Secretary") shall cooperate and consult with the heads of agencies in the
legislative and judicial branches of the government to help them adopt safety
and health programs.
1-2. Heads of Agencies.
1-201. The head of each agency shall:
(a) Furnish to employees places and conditions of employment that are free
from recognized hazards that are causing or are likely to cause death or
serious physical harm.
(b) Operate an occupational safety and health program in accordance with the
requirements of this order and basic program elements promulgated by the
Secretary.
(c) Designate an agency official with sufficient authority to represent the
interest and support of the agency head to be responsible for the management
and administration of the agency occupational safety and health program.
(d) Comply with all standards issued under section 6 of the Act. except where
the Secretary approves compliance with alternative standards. When an
agency head determines it necessary to apply a different standard, that
agency head shall, after consultation with appropriate occupational safety and
health committees where established, notify the Secretary and provide justifi-
cation that equivalent or greater protection will be assured by the alternate
standard.
(e) Assure prompt abatement of unsafe or unhealthy working conditions.
Whenever an agency cannot promptly abate such conditions, it -shall develop
an abatement plan setting forth a timetable for abatement and a summary of
interim steps to protect employees. Employees exposed to the conditions shall
be informed of the provisions of the plan. When a hazard cannot be abated
without assistance of the General Services Administration or other Federal
lessor agency, an agency shall act with the lessor agency to secure abatement
(0 Establish procedures to assure that no employee is subject to restraint.
interference, coercion, discrimination or reprisal for filing a report of an unsafe
or unhealthy working condition, or other participation in agency occupational
safety and health program activities.
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1U770 Fi-dural Register / Vol. 45. No. 40 / Wedncsdjy. February 27. 1900 / Prcsidenliul Document
(g) Assure that periodic inspections of all agency workplaces arc performed
by personnel with equipment and competence to recognize hazards.
(h) Assure response to employee reports of hazardous conditions and require
inspections within twenty-four hours for imminent dangers, three winking
days for potential serious conditions, and twenty working days for other
conditions. Assure the right to anonymity of those making the reports.
(i) Assure that employee representatives accompany inspections of agency
^workplaces.
(j) Operate an occupational safety and health management infonnnlion
system, which shall include the maintenance of such records as the Secretary
may require.
(k) Provide safety and health training for supervisory employees, employees
responsible for conducting occupational safety and health inspection*, all
members of occupational safety and health committees where established.
and other employees.
(1] Submit to the Secretary an annual report on the agency ocqupational safety
and health program that includes information the Secretary prescribes.
1-3. Occupational Scfety and Health Committees.
1-301. Agency heads may establish occupational safely and health commit-
tees. If committees are established, they shall be established at both the
national level and, for agcr.Jes with field or regional offices, other appropriate
levels. The committees shall be composed of representatives of rrmnHgemcnt
and an equal number of nonmanagement employees or their representatives.
Where there are exclusive bargaining representatives for employees ul the
national or other level in an agency, such representatives shall scloet the
appropriate nonmanagement members of the committee.
1-302. The committees shall, except where prohibited by law.
(a) Have access to agency information relevant to their duties, including
information on the nature and hazardousness of substances in agency work-
places.
(b) Monitor performance, including agency inspections, of the agrncy safety
and health programs at the level they are established.
(c) Consult and advise the agency on the operation of the program.
1-303. A Committee may request the Secretary of Labor to conduct an
• evaluation or inspection pursuant to this order if half of a Committee is not
substantially satisfied with an agency's response to a report of hazardous
working conditions.
1-4. Department of Labor.
1-401. The Secretary of Labor shall:
(a] Provide leadership and guidance to the heads of agencies to nssisl them
with their occupational safety and health responsibilities.
(b) Majntain liaison with the Office of Management and Budget in m.itlrrs
relating to this order and coordinate the activities of the Department vcllh
those of other agencies that have* responsibilities or functions related to
Federal employee safety and health, including the Office of Personnel Man-
agement, the Department of Health. Education, and Welfare, and the General
Services Administration.
(c) Issue, subject to the approval of the Director of the Office of Management
and Budget, and in consultation with the Federal Advisory Council on Occu-
pational Safety and Health, a set of basic program elements.. The pre-gram
elements shall help agency heads establish occupational safety and health
committees and operate effective occupational safety and health proxmnis.
and shall provide flexibility to each agency head to implement a program
consistent with its mission, size and organization. Upon request of an fluency
head, and after consultation with the Federal Advisory Council on Oinipa-
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Federal Register / Vol. 45. No. 40 / Wednesday. February 27, 1980 / Presidential Documents 12771
tional Safety and Health, the Secretary may approve alternate program ele-
ments.
(d) Prescribe recordkeeping and reporting requirements.
(e) Assist agencies by providing training materials, and by conducting training
programs upon request and with reimbursement.
(f) Facilitate the exchange of ideas and information throughout the govern-
ment about occupational safety and health.
(g) Provide technical services to agencies upon request, where the Secretary
deems necessary, and with reimbursement. These services may include stud-
ies of accidents, causes of injury and illness, identification of unsafe and
unhealthful working conditions, and means to abate hazards.
(h) Evaluate the occupational safety and health programs of agencies and
promptly submit reports to the agency heads. The evaluations shall be con-
ducted through such scheduled headquarters or field reviews, studies or
inspections as the Secretary deems necessary, at least annually for the larger
or more hazardous agencies or operations, and as the Secretary deems
appropriate for the smaller or less hazardous agencies.
(i) Conduct unannounced inspections of agency workplaces when the Secre-
tary determines necessary if an agency does not have occupational safety and
health committees; or in response to reports of unsafe or unhealthful working
conditions, upon request of occupational safety and health committees under
Section 1-3; or. in the case of a report of an imminent danger, when such a
committee has not responded to an employee who has alleged to it that the
agency has not adequately responded to a report as required in 1-201 (h).
When the Secretary or his designee performs an inspection and discovers
unsafe or unhealthy conditions, a violation of any provisions of this order, or
any safety or health standards adopted by an agency pursuant to this order, or
any program element approved by the Secretary, he shall promptly issue a
report to the head of the agency and to the appropriate occupational safety
and health committee, if any. The report shall describe the nature of the
findings and may make recommendations for correcting the violation.
(j) Submit to the President each year a summary report of the status of the
occupational safety and health of Federal employees, and, together with
agency responses, evaluations of individual agency progress and problems in
correcting unsafe and unhealthful working conditions, and recommendations
for improving their performance.
(k) Submit to the President unresolved disagreements between the Secretary
and agency heads, with recommendations.
(1) Enter into agreements or other arrangements as necessary or appropriate
with the National Institute for Occupational Safety and Health and delegate to
it the inspection and investigation authority provided under this section.
1-5. The Federal Advisory Council on Occupational Safety and Health.
1-501. The Federal 'Advisory Council on Occupational Safety and Health.
established pursuant to Executive Order No. 11612, is continued. It shall
advise the Secretary in carrying out responsibilities under this order. The
Council shall consist of sixteen members appointed by the Secretary, of whom
eight shall be representatives of Federal agencies and eight shall be repre-
sentatives of labor organizations representing Federal employees. The mem-
bers shall serve three-year terms with the terms of five or six members
expiring each year, provided this Council is renewed every two years in
accordance with the Federal Advisory Committee Act. The members currently
serving- on the Council shall be deemed to be its initial members under this
order and their terms shall expire in accordance with the terms of their
appointment.
1-502. The Secretary, or a designee, shall serve as the Chairman of the
Council, and shall prescribe rules for the conduct of its business.
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12772 Federal Register / Vol. 45. No. 40 / Wednesday. February 27. 1980 / Presidential Documents
|FR Due dO-KUO
Filrd :-:&-«> 11 39 «m|
B-lling code 3I9S-OI-M
1-503. The Secretary shall make available necessary office space and furniNh
the Council necessary equipment, supplies, and staff services, find nlmll
perform such functions with respect to the Council as may be required by the
Federal Advisory Committee Act. as amended (5 U.S.C. App. 1).
1-6. General Services Administration.
1-601. Within six months of the effective date of this order the Secrclnry of
Labor and the Administrator of the General Services Administration shiill
initiate a study of conflicts that may exist in their standards and other
"requirements affecting Federal employee safety and health, and shall establish
a procedure for resolving conflicting standards for space leased by the
General Services Administration.
1-602. In order to assist the agencies in carrying out their duties under Section
19 of the Act and this order the Administrator shall:
(a) Upon request, require personnel of the General Services Administration to
accompany the Secretary or an agency head on any inspection or investiga-
tion conducted pursuant to this order of a facility subject to the authority of
the General Services Administration.
(b) Assure prompt attention to reports from agencies of unsafe or unhealthy
conditions of facilities subject to the authority of the General Services Admin-
istration: where abatement cannot be promptly effected, submit to the ngrncy
head a timetable for action to correct the conditions: and give priority in the
allocation of resources available to the Administrator for prompt abatement of
the conditions.
(c) Procure and provide safe supplies, devices, and equipment, and establish
and maintain a product safety program for those supplies, devices, equipment
and services furnished to agencies, including the issuance of Material Safety
Data Sheets when hazardous substances are furnished them.
1-7. General Provisions.
1-701. Employees shall be authorized official time to participate in the activi-
ties provided for by this order.
1-702. Nothing in this order shall be construed to impair or alter the powers
and duties of the Secretary or heads of other Federal agencies pursuant to
Section 19 of the Occupational Safety and Health Act of 1970. Chapter 71 of
Title 5 of the United States Code. Sections 7901. 7902. and 7903 of Title 5 of the
United States Code, nor shall it be construed to alter any other provisions of
law or Executive Order providing for collective bargnining agreements and
related procedures, or affect the responsibilities of the Director of Central
Intelligence to protect intelligence sources and methods (50 U.S.C. 40.i(d)|.1)).
1-703. Executive Order No. 11807 of September 28.1974. is revoked.
1-704. This order is effective July 1.1980.
THE WHITE HOUSE.
February 26. 1980.
CPO aas-44i
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ENVIRONMENTAL
PROTECTION
AGENCY
ORDER
3100.1
December 8,. 1972
PERSONNEL - GENERAL
UNIFORMS. PROTECTIVE CLOTHING. AND PROTECTIVE EQUIPMENT
1. PURPOSE. This Order establishes responsibilities and guidelines
for the issue and use of uniforms, protective clothing, and protective
equipment. This Order implements OMB Circular No. A-30 Revised
August 20, 1966, which remains in effect until the Civil Service
Commission issues superseding instructions pursuant to Executive
Order 11609.
2. REFERENCES.
a. Uniform allowance, 5 U.S.C. 5901 - 5903;
b. Executive Order 11609 (Executive Order 11609 delegates the
authority and responsibilities provided in 5 U.S.C. 5903 to the Civil
Service Commission.); ,
c. Protective clothing and equipment, 5 U.S.C. 7903; and
d. Occupational Safety and Health Act, P.L. 91-596, 29 U.S.C.
651, et. seq.
3. POLICY. Uniforms, protective clothing, and protective equipment
will be prescribed for use, at Government expense, only where the
wearing of such items is necessary because of the nature of the
employee's duties. This includes the safety of personnel and contacts
with the public in an official capacity requiring an employee's
identification on sight.
4. RESPONSIBILITIES.
a. Deputy Assistant Administrator for Administration. The Deputy
Assistant Administrator for Administration is responsible for making
the final determination as to the categories of employees who may be
required to wear uniforms, protective clothing, and protective
equipment, the composition of the items, and the circumstances under
which they shall be worn.
Oist. Directives
Initiated by
PM-212
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ORDER 3100.1 CHGE 1
March 11, 1977
b. Assistant Administrators, Regional Administrators, Heads of
Staff Offices, Laboratory Directors, and the Executive Officer, Office
of the Administrator. These officials are responsible within their
jurisdiction for submitting recommendations to the Deputy Assistant
Administrator for Administration regarding categories of employees who
should be required to wear uniforms, protective clothing, or protective
equipment. Recommendations for protective items shall be made in con-
junction with respective EPA Safety and Health Officials.
c. Director, Financial Management Division. The Director, Finan-
cial Management Division, is responsible for maintaining accounting
control of allowances paid to employees for uniforms and collection of
refunds of allowance payments due the Government.
d. Director, Contracts Management Division. The Director, Con-
tracts Management Division, is responsible for procuring uniforms,
protective clothing, and protective equipment with Government funds
for issuance to employees. (Requests for such items should be made on
EPA Form 1900-8 in accordance with the EPA Contracts Management Manual.)
e. Director, Facilities and Support Services Division. The Director,
Facilities and Support Services Division, is responsible for the account-
ability and stocking of uniforms, protective clothing, and protective
equipment. These will be issued as custodial items in accordance with
EPPMR 115-27.5008-4.
f. Director. Occupational Safety and Health Office. The Director,
Occupational Safety and Health Office, is responsible for the establish-
ment and management of an agency safety management program for the protec*-
tion of EPA employees, property, and those for whom it has a responsi-
bility.
5. UNIFORMS. The Agency may supply uniforms as provided for in the
Appropriation Act. (See 5 U.S.C. 5901-5902.) Uniforms may be provided
to employees in two ways: (1) direct issuance or (2) payment of uniform
allowances. Officials listed in subparagraph 4b shall determine the
method which is more advantageous to the Government and the employee.
a. Issuance. When uniforms are authorized they may be purchased or
rented. Rental contracts shall not include provisions for cleaning or
laundry service at Government expense. Uniforms may be purchased out-
right, stocked and issued, or an agreement may be entered into with a
local vendor who will issue uniforms and bill the Agency.
PAR 4 2
C-9
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ORDER
3100.1
December 8, 1972
(1) The officials listed in subparagraph 4b shall establish
a schedule of initial issuance and annual replacement (see Attachment
A). The cost of the initial issue or annual replacement, including the
expense of any initial alteration (tailoring), shall not exceed the $125
maximum established by law (5 U.S.C. 5901).
(2) The cost of subsequent alterations or the cost of repair,
laundry, and dry cleaning shall be borne by the employee. Uniforms
being turned-in do not need to be cleaned beforehand.
(3) Uniforms issued remain the property of the Government and
will be turned-in to the local property accountability officer when
no longer needed.
b. Allowance. When allowances are to be paid in lieu of issuance,
an official listed in subparagraph 4b shall establish an initial uniform
requirement (see Attachment A) and annual replacement schedule. He
shall estimate the cost of initially required uniforms and reasonable
replacement needs (including the cost of initial alterations if any)
based on current prices of representatives suppliers and shall specify
a definite allowance for the initial purchase'and annual replacement,"
not to exceed the $125 maximum established by law.
(1) The initial allowance shall be paid at the beginning of
the 'service period when a uniform is required and cannot be reclaimed
once the uniform has been purchased. Uniforms obtained via allowance
become the property of the employee and need not be turned-in.
(2) The replacement allowance for uniforms may be paid (a) in
a lump sum on each anniversary date of the employee's service or (b) in
quarterly or semiannual amounts. The employee may retain one-quarter
of the annual replacement allowance for each quarter or part of a
quarter of a year he remains in service. The balance of the allowance
shall be recovered from him.
(3) Allowances shall not include payment for subsequent
alterations or for repair, washing, or dry cleaning of uniforms/uniform
items. Such costs will be borne by the employee.
FAR 5
C-10
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3100.1
December 8, 1972
6. PROTECTIVE CLOTHING AND EQUIPMENT.
a. Protective clothing and equipment vill be issued to employees
whose duties require them to perform work of an especially dirty or
unusual nature and employees whose duties may be hazardous in nature.
Expenditures from appropriations are available for the procurement
of supplies and materials or equipment and may be made for the
purchase and maintenance of items for the protection of personnel in
the performance of their assigned casks as provided under 5 U.S.C. 7903.
Guidelines may be found in Occupational Safety Health Standards,
29 CFR 1910 and the EPA Safety Manual (to be issued shortly). A recent
decision of the Comptroller General B-174629, 51 Comptroller General
446, in addition to 36 F.R. 10590 which adds section 1910.132
-1910.136 to 29 CFR, provides that protective equipment, including
personal protective equipment for eyes, face, head and extremities,
and protective clothing, shall be provided, used, and maintained
whenever, it is necessary for reasons of hazards or processes of
environment encountered in a manner capable of causing injury or physical
Impairment. Local Safety Officer is also available for advice and
guidance. Attachment B contains a general list of protective items.
b. If the clothing or equipment is solely for the protection of
the employee without resulting benefits to the Government, and such as
the employee might reasonably be expected to furnish as part of the
official equipment of his position, appropriated funds would not be
available for such purpose.
c. Protective clothing and equipaent issued to employees remain
the property of the Government in strict adherence to the usual
requirements of accountability, responsibility, inventorying, and
maintenance.
7. WEARING AND CARE OF UNIFORMS AND PROTECTIVE ITEMS.
a. Uni fo rms.
(1) After an initial period of ninety days, full-tice,
permanent employees in the categories listed in Attachment A, may be
required by an official listed in subparagraph 4b to wear uniforms
while performing their official duties. This may include the time in
transit between their homes and places of employment or between EPA
duty locations. The uniform shall not be worn when an employee is
PAR 6
C-ll
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ORDER
3100.1
December 8, 1972
participating in non-EPA employment or unauthorized activities.
Temporary employees appointed for less than a. vear will not be required
to wear uniforms.
(2) Each employee who has been issued a uniform shall be
responsible for its care and will be expected to maintain it in good
condition. Loss or destruction may result in financial liability if
found Co be caused by carelessness or neglect.
b. Protective Items.
(1) Employees and authorized visitors are required to wear
protective clothing and equipment provided for their protection while
performing hazardous duties.
(2) Each employee who has been issued protective clothing and
equipment shall be responsible for its care, except for disposable
items such as cotton gloves, plastic aorons, etc. Loss or destruction
may result in financial liability if found to be caused by carelessness
or neglect.
8. NOTIFICATION OF PAYMENTS TO BE MADE OR REFUNDS TO BE COLLECTED FOR
UNIFORMS. The^ official listed in subparagraph 4b" "authorizing the
wearing of uniforms shall notify the Financial Management Division of
allowances to be made or refunds to be collected. The notification
shall contain the following information:
a. Employee's name, position title, and organizational unit;
b. Amount and frequency of allowance payments (or the amount to
be collected, when appropriate);
c. Period covered by the payment (or refund) ;
d. Reason for refund; and
e. Certification that the employee has not previously been paid
an allowance for this period.
PAR 7
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ORDER
3100.1
December 8, 1972
9. STATUS OF BENEFITS AS COMPENSATION. The value of uniforms or
protective items furnished or che amount of the uniform allowance
paid shall not be construed as pay, salary, or compensation within the
meaning of the Civil Service Retirement Act, as amended, or wages within
the meaning of the Social Security Act, as amended, or the Internal
Revenue Code.
10. SUPERSESSION. All existing instructions and directives previously
issued by EPA components which pertain to uniforms, protective clothing,
and protective equipment are superseded.
Howard M. Messner
Deputy Assistant Administrator
for Administration
PAR 9
C-13
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ATTACHMENT A
Standard Articles of Uniforms
Uniforms listed below are approved for the following categories
of personnel. Additional uniforms may be added (subject to monetary
limitations) as well as additional emplovee categories when approved
by the Deputy Assistant Administrator- for Administration.
Item Description
Coat, blouse, all
purpose weight*
Trousers, all purpose
weight
Shirts, Long-sleeve*
Short-sleeve*
Necktie
Cap, visor
Chauffeurs
Color
Dark blue or black
Dark blue or black
White
White
Black
Dark blue, black
If Issued
Initial Quantity
2
3
3
4
2
Craft. Custodial, Maintenance, and Supply Enrolovees
Male Employees
Trousers, Wash and Wear Royal Blue 6
Royal Blue
Shirts, Wash and Wear*
Long-sleeve
Short-sleeve
3
3
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Craft. Custodial, Maintenance, and Supply Employees
If Issued
Item Description
Female Employees
Dress, 1-piece*
Wash and Wear or*
Slacks, Polyester-cotton
blend, with
Blouse*
Color
Royal Blue
Royal Blue
Royal Blue
Initial Quantity
6
6
Coat, blouse all
purpose weight*
Trousers, all purpose
weight
Trousers, light-weight
Cap
Shirt, long or short
sleeve*
Necktie
Overcoat
Raincoat, nylon twill,
plastic coated
Cap Cover, with detachable
cape of same material
as raincoat with plastic
insert
Guards
Dark Blue
Dark Blue
Dark Blue
Dark Blue
Light blue/white
Dark Blue
Dark Blue
Dark Blue
3
3
2
t
A
1
Dark Blue
C-15
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Engineering and Scientific Employees
having Environmental Investigative, and Tesc Functions
or Assigned to Assist in Pollution Emergencies
If Issued
Item Description Color Initial Quantity
Coveralls* Royal Blue 3
or
Trousers, wash and wear Royal Blue 3
Shires, wash and wear* Royal Blue 3
* EPA seal/patch to be affixed to coat, shirt, blouse, or overalls on
left side and employee's name patch to be affixed on right side above
the breast pockets or centered approximately four inches below the
shoulder seams if there are no pockets.
Patches are to be procured by EPA and furnished to employees. EPA
seal/patches remain the property of EPA and must be turned-in to the
local property accountability officer, upon termination of employment.
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ATTACHMENT B
GENERAL TYPES OF PROTECTIVE ITEMS
Goggles, Safety Glasses, Face Shields ^
Respirators
Hard Hats
Life Belt and Safety Block
Safety-toe Shoes
Electrical Protective Devices
Electrical Hazard Shoes
Radiator Film Badge
Rubber Aprons
Lab Smocks or Coats
Life Jackets
Hearing Protective Devices
Hand and Arm Protective Devices
Rubber Boots
Officials listed in paragraph 4 of the Order will be responsible
for determining when protective items should be issued, replaced, and
maintained, to employees whose duties require the use of protective
items. These items will be provided at Government cost. (See
paragraph 6.)
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DRAFT #4, Slagle, 5/19/80
ORDER
PROTECTIVE SERVICES - SAFETY
RESPIRATORY PROTECTION
1. PURPOSE. This Order establishes Agencywide policy, responsibilities,
training, and occupational medical monitoring requirements for employees
required to use respiratory protective devices.
2. REFERENCES.
a. Occupational Safety and Health Act, P.L. 91-596, 29 USC 651, et.seq.
b. CFR 1910, Subpa*t I, Subsection 134, General Industry Standards
c. Title 30 CFR Part 11, U.S. Bureau of Mines
d. American National Standards Institute standards Z 88.2-1969 and
K 13.1-1973
e. EPA Order 3100.1, Uniforms, Protective Clothing, and Protective
Equipment.
f. Cumulative Supplement: NIOSH Certified Equipment, June 1977,
or most current issue.
3. BACKGROUND. Inhalation of airborne contaminants can cause serious
harm to employees who work in areas where toxic substances are used or
stored, or where hazardous wastes and spill exist. Whenever possible,
the EPA uses effective local exhaust ventilation to prevent exposure to
airborne contaminants but, when it is not feasible to eliminate the
hazards, such as during field operations, it is necessary to protect
the employee by use of approved respiratory protective devices.
4. POLICY. The EPA shall provide certified respiratory protective devices,
and employees shall use such devices when it is necessary due to the nature
C-1S
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2.
of the employee's working environment. All employees whose duties require
the use of respiratory protective equipment shall be determined physically
able to perform expected duties with the increased resistance to breathing,
and shall not have facial hair which will prevent a tight face seal.
5. RESPONSIBILITY.
a. Assistant Administrators and Regional Administrators. These officials
are responsible within their jurisdiction for determining the categories of
employees required to wear respiratory protective devices and for assuring
that monies are available for proper training programs and purchase of the
respiratory protective devices.
b. Supervisors. Supervisors are responsible for ensuring that: proper
respiratory protective devices are provided, inspected, and maintained for
employees after assessment of the need; employees wear respiratory protective
devices when they are required; employees are properly trained; records are
employee
kept on/training and maintenance of these devices; and respiratory protective
device users are included in the Agency's occupational medical monitoring
program and are medically approved for wearing the devices.
c. Occupational Health and Safety Designees. OHS Designees are responsible
for assuring that approved programs are available for training the users of
»
respiratory protective devices and for assisting supervisors in selecting
the appropriate types and models of approved respiratory protective devices.
d. Employees. Employees are responsible for using and maintaining the
respiratory protective devices issued to them in accordance with the instructions
and training they receive, and for reporting a malfunction of a device to their
supervisor.
e. Personnel Offices and Supervisors. Together, personnel officers and
supervisors shall ensure that descriptions of positions requiring the use of
C-19
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3.
respiratory protectives devices contain the medical fitness and facial hair
requirements, and that job applicants and reassigned employees are instructed
on the importance of these requirements.
f. Director. Office of Occupational Health and Safety. The Director,
Office of Occupational Health and Safety, is responsible for establishing
policy and guidelines for the Agency's respiratory protection program and
for furnishing technical advice and assistance to agency programs.
6. RESPIRATORY HAZARDS. Toxic materials can enter the body in three ways:
(1) by ingestion, through the gastro-intestinal tract, (2) by absorption
through the skin or through cuts and punctures and (3) by inhalation through
the respiratory system. The human respiratory system not only presents the
quickest and most direct avenue of entry but also for many agents is the
critical target. There are two types of hazardous atmospheres:
a. Oxygen-deficient atmospheres - Air normally is 20.9 percent
oxygen by volume. Oxygen concentrations below 16 percent are considered
unsafe for human exposure. Current legislation requires that oxygen per-
centage in a workplace be not less than 19.5 percent. Oxygen-deficient
atmospheres can occur when air is displaced by gases and vapors or where
there are oxidation processes such as fire, rusting, aerobic bacterial
action, etc.
b. Air contaminants - Air contaminants include solid and liquid parti-
culate matter and gaseous material, whether a true gas or vapor, or a com-
bination of these.
7. SITUATIONS REQUIRING RESPIRATORY PROTECTIVE DEVICES. Respiratory protective
devices may be required for three different types of situations:
a. When there is a high potential for a sudden release of
C-20
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4.
toxic/flammable gases or vapors or there has been such a release; e.g.,
connecting anhydrous ammonia tanks or egress from a fire area.
b. When making predetermined entries into environments or locations
where there is strong reason to suspect the presence of toxic airborne
contaminants; e.g., entering hazardous waste or spill sites or manholes.
c. During infrequent but routine operations, primarily in a laboratory,
where engineering controls are not feasible or adequate for the toxicity
of the material involved; e.g., bulk solvent transfers in a remote storage
building.
4
It is important to know the type of situation the respiratory protective
devices are to be used in, because the selection will depend not only on
the situation but also on qualitative and quantitative information from an
assessment of the potential hazard and on the degree of control that can be
exercised over the situation. The amount of information that can be obtained
and the degree of control that can be exercised differs markedly among the
three situations.
8. HAZARD ASSESSMENT AND CONTROL. Prior to donning respiratory protective
devices, the potential or anticipated hazards shall be assessed and engineering
controls shall be used to mitigate the problem.
a. Assessment - The first step to specifying appropriate protection is
proper assessment of the hazard. This assessment involves obtaining qualitative
and quantitative information on contaminants, or making predictions of
potential concentrations in the situation of emergency releases. As a minimum,
the assessment shall consist of determining explosivity of the atmosphere,
radiation levels, and, in the case of confined spaces, the oxygen content of
the atmosphere. First entry for obtaining information shall only be done
using air supplied or SCBA respiratory protective devices.
C-21
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5.
With detailed information, a selection can be made from the various types of
available respiratory protective devices for specific contaminant levels
by following manufacturers instructions or NIOSH/OSHA recommendations.
b. Control - Respiratory protective devices are not control devices;
they are used in the absence of or as adjuncts to inadequate controls.
Whenever possible, even when it is known that respiratory protective devices
will eventually be required for a situation, engineering controls or substi-
tution of less toxic materials should be used to lessen the hazard or to miti-
gate the consequences of an untoward event, and thereby lessen the consequences
t
in the event of failure of the respirator. Engineering controls consist of
good local exhaust ventilation or isolation and/or enclosure of the process.
9. SELECTION. Respiratory protective devices vary in design, application,
and protective capability. The inhalation hazard must be assessed and the
specific use and limitations of available equipment understood to assure proper
selection. There are three classes of respiratory protective devices:
a. Air purifying devices remove contaminants from the inhaled air stream.
They are to be used only in atmospheres containing sufficient oxygen to
sustain life and when contaminant concentrations do not exceed specified limits
for the device. Basic types are mechanical filter respirators, chemical cart-
ridge respirators, chemical cannister respirators, and combinations of chemical
cartridge/cannister and mechanical filter respirators.
b. Atmosphere-supplying
1) Supplied-air devices deliver air through a supply hose connected
to the wearer's facepiece. These devices ahll be used only in atmospheres not
immediately dangerous to life or health. One basic type is the air-line or
hose mask respirator.
C-22
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6.
2) Self-Contained Breathing Apparatus (SCBA) provides a respirable
atmosphere for various periods of time based on the amount of breathing air or
oxygen supplied and the demand of the wearer. Basic types are open circuit,
for which the exhaled air is discharged from the face piece, and closed circuit,
in which the exhaled air is scrubbed for carbon dioxide removal and fortified
in oxygen.
c. Combination respirators are any combination of air-purifying and
stmosphere-suppling respirator, or any combination of supplied-air and self-
<
contained breathing apparatus. These units are bimodal. They are generally
used for emergency entry into and escape from atmospheres immediately dangerous
to life.
10. LIMITATIONS. The following limitations must be understood by all employees
required to wear respiratory protective devices.
a. Chemical cartridge or chemical cannister respirators shall not be worn
to protect against gases or vapors which have no properties to warn the user of
"break-through," i.e., the contaminant penetrating the adsorptive media.
(This caveat is not required for dust respirators; these will plug instead of
saturating to restrict breathing.)
b. Some gases and vapors can be absorbed through the skin (e.g.,
hydrogen cyanide) and others will attack tissue surfaces (e.g., strong acid
gases). In many cases protective clothing will be needed in addition to
respiratory protective devices.
c. Persons with perforated ear drums shall not wear respirators.
•.
d. Contact lens shall not be permitted while wearing a respirator.
e. Any facial hair lying between the sealing surface of a respirator
:'
facepiece and the wearer's skin that will prevent a good seal shall not be
allowed. This includes stubble, a moustache, sideburns, or a beard that extends
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7.
outward between the face and the sealing surface of the respirator.
f. Spectacle temple bars or straps that pass between the sealing surface
of a facepiece and the wearer's face prevent a good seal and shall not be
permitted with a full-face respiratory protective device.
g. Specific warning signs which require immediate return to fresh air are:
1) Uncomfortable heat in the inhaled air stream coming from the
adsorption material in chemical cartridge or chemical cannister respirators.
This heat of adsorption indicates a high concentration of contaminant and the
potential for immediate "break-through."
2) Indications of "break-through" or a poor faceseal as determined
from the warning properties of the contaminant.
3) Any signs of physiological stress resulting from the increased
physical effort required to wear a respirator or from the increased resistance
to breathing (e.g., light headedness, dizziness, heat stress.)
11. TRAINING. For safe use of respiratory protective devices, it is
essential that employees be instructed in their selection, use, fit, and
maintenance. Training shall include the following:
a. Instructions in the nature of the hazard, whether acute, chronic, or
both, and an honest appraisal of what may happen if the proper device is not
used.
b. Explanation of why more positive control is not immediately feasible.
This shall include recognition that every reasonable effort is being made
to reduce or eliminate the need for respiratory protection.
c. A discussion of why this is the proper type of unit for the particular
purpose.
d. A discussion of the device's capabilities and limitations.
e. Instruction and training in actual use.
f. Other special training as needed.
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8.
A minimum of six hours of training shall be provided initially, and 2-4 hours
annually. This can be a part of occupational health and safety training for
other reasons, and it can count as credit for both programs. Records of training
and fit testing shall be maintained by the supervisor. Employees shall be
issued a pocket card identifying the types of respiratory protective devices
they can safely wear.
12. INSPECTION. MAINTENANCE. STORAGE. AND REPAIR. Proper inspection, maintenance,
storage, and repair of respiratory protective devices are mandatory to insure a
successful respiratory protection program.
4
a. Inspection. All equipment must be inspected before and after each use.
Equipment used only for emergencies shall be Inspected at least monthly. A
record shall be kept by date and results of all inspections.
b. Maintenance. All respiratory protective devices shall be cleaned and
disinfected after each use. Maintenance includes replacement of disposable
elements such as filters and cartridges whenever necessary.
c. Repair. Replacement of other than disposable parts and any repair shall
be done only by personnel with adequate training and test equipment to insure
the equipment is functioning properly after the work is accomplished. Only
parts supplied by the manufacturer for the product being repaired shall be used.
d. Storage. Respirators shall be stored in atmospheres that will protect
them from dust, sunlight, extreme heat or cold and from sources of damaging
chemicals.
13. OCCUPATIONAL MEDICAL MONITORING. Employees shall not be assigned to tasks
requiring the use of respiratory protective devices unless they have had a
medical evaluation and it has been determined that they are physically capable
of performing the work while wearing the devices. An annual medical review
should be scheduled for these employees.
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9.
14. SAVINGS PROVISION. Changes in the Act or standards and regulations
which occur after the effective date of this Order will automatically come
under the purview of this Order on the effective date of the change.
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DRAFT #4, Slagle, 9/12/80
ORDER
Protective Services - Safety
Health and Safety Requirements for Employees Engaged
in Field Activities
1. PURPOSE. This Order establishes policy, responsibilities, and mandatory
requirements for occupational health and safety training/ certification, and
occupational medical monitoring of Agency employees engaged in field activities.
2. DEFINITIONS.
a. The term "field activities" as used in this Order means EPA program
activities that are conducted by EPA employees outside of EPA administered
facilities involving environmental, pesticides, water and wastewater treatment
plants, hazardous materials spills and waste sites investigations, inspections,
and sampling.
b. The term "health and safety training" means scheduled, formal or
informal training courses, approved, sponsored and conducted by EPA or its
contracted agents which are designed to develop, improve and upgrade the health
and safety knowledge of EPA employees involved in field activities.
c. The term "occupational medical monitoring" means surveillance over the
health status of employees by means of periodic medical examinations or screening
in accordance with the Agency's Occupational Medical Monitoring guidelines.
d. The term "certification" as used in this order means' that the employee
has fulfilled the minimum training requirements specified for the level of
training/certification received.
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2.
3. REFERENCES.
a. 29 CFR 1910, Parts 16, 94, 96, 106, 109, 111, 134, 151, Occupational
Health and Safety Standards.
b. Executive Order 12196, Section 1-201, Sec. (k), Occupational Health
and Safety Programs for Federal Employees.
c. 29 CFR 1960.20(1), Occupational Safety and Health for the Federal
Employee
d. EPA Occupational Health and Safety Manual, Chapter 7(1).
e. EPA Training and Development Manual, Chapter 3, Par. 7(b).
f. Occupational Health and Safety Act of 1971, P.L. 91-596, Sec. 6.
g. EPA Order on Respiratory Protection (Proposed).
h. 49 CFR, Parts 100-177, Transportation of Hazardous Materials.
i. EPA Order 1000.18, Transportation of Hazardous Materials.
j. EPA Order 3100.1, Uniforms, Protective Clothing, and Protective
Equipment.
4. BACKGROUND. Field activities are a critical part of most EPA programs.
These activities range from routine environmental reconnaisance sampling,
inspections, and monitoring, through entering and working in environments with
known and suspected hazards. Since protection cannot be built into the
field working environment, the protection of personnel involved in field
activities takes on the forms of training employees in the application of
safe operational procedures, and the proper use of appropriate personal
protective clothing and equipment.
5. APPLICABILITY. This Order applies to all EPA organizational units which
have employees engaged in field activities.
6. POLICY. It is the policy of the Environmental Protection Agency to carry
out its field activities in a manner that assures the protection of its
employees to the greatest extent feasible.
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3.
7. RESPONSIBILITIES.
a. Assistant Administrators. Regional Administrators. Deputy Assistant
Administrators. Laboratory Directors, and Division Directors. These
officials are responsible within their jurisdictions for implementing the pro-
visions of this Order and for budgeting the necessary funds for employee
training/certification and occupational medical monitoring programs.
b. Supervisors. Supervisors are responsible for complying with the
requirements of this Order for employee training/certification and occupational
medical monitoring programs. They will identify those employees who require
training/certification, and occupational medical monitoring to comply with the
provisions of this Order.
c. Employees. Employees are responsible for making known upon request from
their supervisors, the extent of their individual occupational health and
and
safety training,/the history of their occupational medical monitoring parti-
cipation. Employees should notify their supervisor of any hazardous work
situation and make suggestions for corrective measures, and for applying the
knowledge, skills, and techniques acquired through training/certification in a
manner that will help assure their health and safety and that of fellow workers.
d. Occupational Health and Safety Designees. The Occupational Health and
Safety Designees are responsible for identifying program areas that require
training/certification and occupational medical monitoring; recommending or
providing training/certification resources to meet the requirements of this
Order; and maintaining records of persons receiving training/certification.
e. Office of Occupational Health and Safety. The Director, Office of
Occupational Health and Safety is responsible for establishing policy and
requirements for adequate training/certification programs for field activities,
developing and maintaining an occupational medical monitoring program
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4.
approving health and safety training/certification programs for employees
involved in field activities, and for evaluating the results of these training/
certification programs.
8. OBJECTIVES.
a. Training/Certification. The objectives of the health and safety training/
certification programs for employees involved in field activities are:
1) To assure that EPA employees are aware of the nature of the potential
hazards that may be encountered during the performance of field activities;
2) To provide the knowledge and skills necessary to perform the work
with the lowest feasible risk to personal health and safety;
3) To assure that Agency program goals can be accomplished in as safe
and healthful manner as feasible.
b. Occupational Medical Monitoring. The objectives of the occupational
Medical Monitoring program are:
1) To detect any adverse effects of occupational exposure on the
employees health.
2) Initiate prompt corrective actions when indicated.
9. TRAINING/CERTIFICATION REQUIREMENTS. Employees shall not be permitted to
engage in routine field activities until they have been trained/certified to a
level commensurate with the degree of anticipated hazards.
a. Basic Level; All employees shall be provided a minimum of 24 hours of
health and safety training prior to their becoming involved in normal, routine
field activities. The training shall include but not be limited to classroom
instruction in all the following subject areas:
1) Employee Rights and Responsibilities
2) Nature of Anticipated Hazards
3) Emergency Help and Self-Rescue
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5.
4) Vehicles - Mandatory Rules and Regulations
5) Safe Use of Field Equipment
6) Use, Handling, Storage, and Transportation of Hazardous Materials
7) Personal Protective Equipment and Clothing
8) Safe Sampling Techniques
In addition to classroom instruction, the employee shall accompany an employee
experienced in field activities and perform actual field tasks for a minimum
of three days within a period of one month after classroom instruction.
Employees satisfactorily completing these requirements will receive certification
at the basic level of training from the Occupational Health and Safety Designee.
b. Intermediate Level. All inexperienced employees who are to work with
experienced employees in hazardous waste and spill site investigations shall
be provided a minimum of 8 hours of additional health and safety training. This
(in addition to the Basic Level requirements)
training shall include Jut not be limited to the following subject matter:
9) Site surveillance/observation/plan development
10) Use and decontamination of totally enclosed protective clothing and
equipment
11) Field test equipment for radioactivity, explosivity, and others.
In addition to classroom instruction, the employee shall accompany another
employee experienced in hazardous waste and spill site investigation!-, and/or
cleanup operations and perform actual field tasks for a minimum of three days
within a period of three months after classroom instruction. The employee
should also be able to provide on-the-job training and instructions to in-
experienced employees during normal, routine field activities. Employees
satisfactorily completing these requirements will be certified at the Inter-
mediate Level by the Occupational Health and Safety Designee.
c. Advanced Level. All employees who conduct and/or manage hazardous
waste and spill site monitoring, sampling, investigations, and cleanup operations
shall be provided a minimum of 8 hours additional health and safety training.
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6.
The classroom training shall include but not be limited to (in addition to the
Basic and Intermediate Level requirements), instruction in the following subject
areas:
12) Management of restrue ted and safe zones
13) Rules of Handling the Press and VIP's
14) Safe Use of Specialized Sampling Equipment
In addition to classroom instruction, the employee shall accompany another
employee with experience in managing hazardous waste and spill site investi-
gations and/or cleanup operations and perform actual field tasks for a minimum
of three days within a three month period after receiving classroom -instruction.
After satisfactorily completing these requirements, employees will receive
Advanced Level certification from the Occupational Health and Safety Designee.
d. General.
1) An employee may receive certification at the next higher level by
completing only the additional training requirements if certified at the next
lower level within the previous 9-month period.
2) The Director, Office of Occupational Health and Safety, may
certify employees based on an evaluation of previous training, education, and
experience. Recommendations for this type certification should be made to the
Director by the local Occupational Health and Safety Designee.
10. FREQUENCY OF TRAINING. Employees at the Basic, Intermediate, and
Advanced Level shall complete a minimum of 8 hours of classroom instruction
annually to maintain their certification. In addition to the classroom intru-
ction, employees shall have demonstrated by performing actual field tasks
that they have sufficient practical experience to perform their assigned duties.
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7.
11. RECORD OF TRAINING.
a. A record of the level of training/certification shall be maintained
in the employee's official personnel file.
b. The Occupational Health and Safety Designee shall maintain a roster
of employee training/certification so that a schedule of annual training
can be established.
c. The Occupational Health and Safety Designee shall issue a certificate
to the employee showing the level of training/certification.
12. OCCUPATIONAL MEDICAL MONITORING REQUIREMENTS. All employees routinely
engaged in field activities which present the probability of exposure to
hazardous or toxic substances or require the use of respiratory protective
equipment shall be included in the Agency's Occupational Medical Monitoring
Program. Employees should not be permitted to engage in field activities
unless they have undergone a baseline medical examination as defined in the
Agency's Occupational Medical Monitoring Guidelines showing physical fitness
and providing a base to measure any adverse effects their activities may have
on these individuals.
13. SAVINGS PROVISION. Changes in the Act, Executive Order, or EPA and
OSHA standards and guidelines which occur after the effective date of this
Order will automatically come under the purview of this Order on the effective
date of the change.
Full implementation of this Order shall be within 6 months of its effective
date.
033
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ENVIRONMENTAL PROTECTION AGENCY
FY 1980-31
MEDICAL MONITORING PROGRAM GUIDELINES
The following information and attachments are intended for use by
Agency components that conduct occupational medical monitoring programs.
These guidelines outline the minimum essential elements for such a program
and should not be regarded as being comprehensive. Some Agency workolaces
may have potential exposure hazards that will require medical monitoring
procedures not covered in this basic description; however, it is essential
chat each local program include at least the elements described herein. As
more Federal regulations and recommendations appear for emoloyees
potentially exposed to toxic chemical and ohysical agents, program uodates
and modifications are to be expected. When such changes occur, they will
be presented by the Agency's Office of Occupational Health ana Safety.
Who should oe included in a medical monitoring program?
This medical monitoring program is designed basically for laboratory
and field workers whose work regularly poses the possibility of exoosure to
toxic materials. In addition, the program should meet the needs of other
diverse groups of emoloyees whose 'jobs require preplacement and/or
periodic health assessment. Generally, aaministrative, fiscal,
secretarial, statistical, and other suoport personnel who are exoosed to
toxic materials indirectly, infrequently, or inconsequentially should not
be included. Representative job categories that should have meaical
monitoring made available on exposure include chemists, microbiologjsts,
toxicologists, physical scientists, and the technical oersonnel who
suoport these disciplines. Employees who collect various types of
polluted samples should be included if the sampling requires exposure to
pollutants significantly in excess of ambient concentrations. Maintenance
personnel normally should be included, since they are occasionally exposed
to toxicants at unexpectedly high concentrations, as should those who
perform custodial services in actual laboratories or in areas where toxic
materials are stored. Part-time and temporary emoloyees should be
included if their jobs are similar to the categories previously mentioned.
The decision as to which emoloyees are nominated should rest .-nth the
program director or suoervisor most familiar with the possible hazards
involved.
Is the program voluntary?
Employees whose jobs justify inclusion in the program have the option
to participate or not, with the exception of those few persons whose jobs
require such examinations as a condition of employment. Future Agency
policy may expand the numoer of job categories that will require
C-34
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preplacement and periodic health assessment. -Experience indicates that
about 85% of nominated employees will elect to participate in the program.
A written record of those deferring or declining particioation shoulo be
kept to protect the Agency against accusations chat such a program was not
made available. A simple notation to the effect that an individual has
declined is sufficient. Declining employees should be reinvited to
participate regularly if they remain eligible for the program. Sach
facility should review its entire roster periodically to assure the
inclusion of all "at-risk" personnel.
Who will gay for the program?
Medical monitoring is the responsioility of the employer, and the
Agency must bear the entire cost. When a preexisting or non-job-related
condition is detected in the course of a health monitoring examination, the
individual is to be referred to his/her private physician for further
evaluation, treatment, and followup. The individual must bear these addi-
tional costs. When a condition appears to have resulted from employment,
the employee may seek compensation and the payment or recovery of medical
expenses from the Department of Labor, Office of Workers' Comoensation
Programs.
Consultation is available from the Agency Office of Occuoational
Health and Safety when job-related illness is detected or suspected.
How are physician services obtained?
The fact that most EPA operations are able to use purchase orders to
obtain local physician services simplifies this orocurement. Ideally, the
physician chosen should be board certified in occupational medicine; how-
ever, this is unrealistic because the number of such physicians available
is quite small and most serve as full-time program directors for large
industrial corporations.
For the purpose of this program, a local physician m a practice of
internal medicine or in general practice will usually suffice. A physician
who belongs to the American Occupational Medical Association or a local
occupational health society is preferred; the names of these physicians
may be obtained from the American Occupational Medical Association, 150
North Wacker Drive, Chicago, Illinois 60606 (312/732-2166).
The important requirements are that the physician is caoable, is
equipped to conduct a thorough physical examination, and has a high
interest in the program. A local ohysician is in the best position to
provide a continuity of service over the years and to handle referrals when
non-job-related conditions are detected. On occasion, local U.S. P'jblic
Health Service facilities are willing to perform this service. The use of
a Federal facility generally offers an economic advantage and is
encouraged whenever such services are offered.
C-35
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How ars related laboratory services ootained?
These services must be performed by a clinical laooratory chat is
competent, is licensed, participates in a proficiency testing progr2m(s),
and maintains rigorous quality control. It should be licensed by the
Feaeral government. A numoer of large interstate laboratories provide
satisfactory service, rapid turnaround, and reasonable fees. These labo-
ratories usually provide their own collection and mailing containers at no
extra cost, and most have government "rates" that are competitive. Since
these are large laboratories, they can provide, at a reasonable additional
cost, special tests that may be essential for those emoloyees wno have been
exposed to specified chemicals. Many hosoital and local laooratones can
supply only a portion of the laooratory tests that may be needed; also, in
performing more complex tests, these hospitals and laooratones may be
less reliable than the large interstate laboratories that routinely carry
out such procedures.
The local examining physician will be responsible for requesting, in-
terpreting, and evaluating laboratory reports. A laboratory of the ohysi-
cian's choice is preferable, provided that it meets quality ana cost rea-
sonability standards.
How often should examinations be offered?
Ideally, the periodicity and content of monitoring examinations should
be determined by an evaluation of the occupational risk; i.e., the proba-
bility of adverse effects of exoosure. When the orogram was initiated, it
was recommended that an annual examination suffice for most participants.
Until better criteria are developed from a study of EPA ooerations ana
monitoring findings, an annual evaluation is still recommenced.
The first, or baseline, examination offered to each oarticipant should
consist of a complete medical examination. This examination will oe useful
in providing reference information for the evaluation of subsequent
periodic examination findings. Subsequent monitoring examinations, for
most EPA operations, can be of more limited scope.
Is the program a substitute for "general checkups"7
Participants should be advised that this program of medical monitoring
examinations is not a direct substitute for "general cneckups" or other
periodic examinations designed to monitor or promote general health. The
occupational medical monitoring program is designed to screen for eviaence
of adverse effects of occuoational exposure, particularly axoosure to
toxic substances. The examinations ao not provide a comprehensive health
evaluation; neither do they oroviae significant screening for many of the
common nonoccupational chronic disorders.
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Meaical -examination content recommencations
Current rY 1930-31 recommendations are to continue to provide a
comprehensive baseline examination for new particioants in tne program and
to provide periodic screening examinations for other participants.
Periodic monitoring should include, as a minimum, an interim medical
and occuoational history review, a screening ohysical examination, basic
blood and urine laboratory tests (as discussed below), and a physician's
evaluation. The monitoring examination should be suoolemented by proce-
dures ano special tests only as warranted ay exposure to specific signifi-
cant hazards or stresses.
What are the basic laboratory tests to be included for each participant?
Each individual should receive a oasic oanel of blood counts and
chemistries to evaluate blood-forming, 'oaney, liver, and ando-
crine/metabolic function. The following blood tasts are considered co be
the minimum desirable:
• White blood cell count and differential call count
t Hemoglobin and/or hematocrit
• Albumin, globulin, and total protein
• Total bill rub in
• Serum glutamic oxalacetic transaminase (SGOT)
0 Lactic dehydrogenase (LDH)
• Alkaline phosphatase
• Calcium
• Phosphorus
• Uric acid
• Creatinine
• Urea nitrogen
• Cholesterol
• Glucose
Each employee should have a routine urinalysis that consists of the
following:
• Specific gravity
• pH
0 Microscopic examination
• Protein
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• Acetone
• Glucose
What other fasts are recommended?
X-Say
A baseline chest X-ray should be a standard i*- x 17-inch P-A
(posterior-anterior) exposure. The lateral view is not necessary for
routine screening purposes. The X-ray may be obtained from tne examining
physician, a local radiologist, or a local hospital. The film should be
read or reviewed by a board-certified radiologist or other comoetent
medical specialist. Subsequent periodic chest X-Vays should be oe<"formea
only when clinically indicated and not as a routine measure.
electrocardiogram
An electrocardiogram should be included in the baseline examination.
It ordinarily should be of the standard 12-lead resting type and inter-
preted by an internist or caraiologist. Subsequent perioaic electrocar-
diograms should be ootained only when recommendea oy che examining
physician, and not as a routine measure.
Pulmonary function
Pulmonary function testing is aesirable as a part of the baseline
examination. It may be indicated periodically for employees at respira-
tory system risk, such as those with significant exposure to :oxic austs
and irritants. As a minimum, it should consist of simple tests of lung
ventilation: forced expiratory volume in 1 secona (FEV.) and forced vital
capacity (FVC). -
Other special tests
Workers who are significantly exoosed to certain designated materials
may require additional special procedures in addition co the basic panel of
tests. These tests are listed in Table 1 and are obtainable at an addi-
tional cost. The physician should determine who is in need of saecial
tests after reviewing the history forms and after consulting with suoer-
visors and/or medical monitoring coordinators and health and safety
aesignees. Provision should be made for reoeating tests when necessary.
Consultative assistance is availaole from the Office of Occuoational
Health and Safety regarding special tests.
Tests drooped from 1977 guidelines
The following tests, recommended in the 1977 guidelines, are no longer
recommended as routine tests for occupational monitoring, either baseline
or periodic:
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• VDRL or other ssrologic cast for syphilis
0 Serum specimen for freezing and storage
• Female cervical cytology test (Pao test)
• Serum glutamic oyruvic cransarmnase (SGPT)
t Serum triglycerides
• Serum sodium, chloride, and potassium
• Care 1no-embryonic antigen
What medical monitoring records and forms are required?
Forms
To provide uniformity of data collection and to expedite analysis, it
would be desirable to have an SPA standard form(s) for use in medical
monitoring examinations. However desirable, this goal does -not appear
possible in the immediate future. Private medical examiners use a variety
of forms and automated systems to obtain and record medical information.
The scope and quality of information-gathering and recording systems uses
should be at least equal to that of the forms discussed oelow.
Participants should be advised that the medical monitoring examina-
tions are voluntary and that they are not required to answer any specific
questions.
Medical history
The medical history will normally be obtained by having each partici-
pant fill out a medical and occupational history form before seeing a
physician (Attacnment L provides an £PA-develooed samole). Usually, this
is done several days preceding the date of the physical examination. All
programs are urged to adopt this form, or ics equivalent, since most
"standard" medical history forms are coo sketchy, especially in terms of
occupational history and exposure. The occupational exposure information
may be reviewed by occuoational health and safety personnel to assist tne
examining physician in performing an examination of appropriate scooe.
When completed, the form should be turned over to the physician or physi-
cian's designee in a manner safeguarding privacy and confidentiality of
the participant.
Physical examination form
The physical examination should be recorded on a standard form such as
Government Standard Form 38 (Attachment 2). This form is availaole in
quantity and is used by nearly all governmental health providers. Although
the local physician may have similar forms chat he or she uses routinely,
all workplaces are urged to adopt S.F. 38 to acmeve Agencywide uniform-
ity. Sections 50-53, 56-59, and 70-72 are not normally carried out as oart
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of monitoring physical examinations ana .nay .be emitted. Aucliometry,
item 71, is indicated for all emoloyees regularly axoosed to hi ah ncise
levels; i.e., over 35 aS.
Privacy Act
Since the Health Monitoring Program will establish a set of records on
incnvidual citizens, it must meet the requirements of tne Privacy Act of
1974 (P.L. 93-579). Each participant is reauired to read and sign a copy
of the Privacy Statement (Attachment 3), whicn explains the authority for
collecting the information, uses to be made of the information, rules of
confidentiality, ana aisclosurs information. T'ne original of this state-
ment should be made oart of the employee's medical monitoring records, and
a copy should oe oroviaed to the emoloyee. Written reauests for release of
this information may be made by the emoloyee, and such requests "should also
be made a permanent oart of the record, each Agency orogram area will oe
responsible for seeing that the provisions of this Act are met.
Required reports and actions
The examining physician must communicate all examination finaings and
ooinions to the examinee. In aadition, the examining physician should
furnish the Agency a written report on any examinee with findings that, in
the physician's ooinion, indicate an adverse effect of occupational expo-
sure. This report should detail the occuoational ly related findings and
the basis for the physician's opinion. The ohysician should be instructed,
however, not to reveal any specific finaings or diagnoses unrelated to
occuoational axoosure in the report to the Agency.
On receipt of such a report, the local meaical monitoring coordinator
shall promptly send a copy to:
Manager of Meaical Monitoring
Office of Occuoational Health and Safety (PM-273)
401 M Street, S.W.
Washington, O.C. 20^60
Local management, safety officers, and suoervisors should take oromot
investigative and remedial action after being alerted to a possible occu-
pational health and safety problem by a medical report. Technical assist-
ance is available from the Office of Occupational Health and Safety.
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TABLE 1
SPECIAL TESTS
An annual mom toring examination will be satisfactory for most
workers. Additional saecial tests may be indicated for those workers who
have significant exoosures to chemical or physical agents, in accordance
with OSHA or other aoohcable standards.
Substance
Special Tests
Acrylonitrile
Inorganic arsenic
Asbestos
3enzene
Coke oven emissions
Cotton dust
Oichlorooromopropane
i
Inorganic lead
Noise (above 35 dB)
Organophosphate pesticides
Chest X-ray, fecal occult blood, orocto-
sigmoidoscopy
Chest X-ray, sputum cytology
Chest X-ray, pulmonary function
Reticulocyte count
Chest X-ray, oulmonary function, sputum
cytology, urinary seaiment cytology
Pulmonary function
Sperm count (male), serum follicle
stimulating hormone, serum lucemizing
hormone, serum total estrogen (female)
Slood lead, perioheral olooa smear
morphology, blood zinc orotoporohyrin
Audiometry
Slood cholinesterase
Primate handlers should have an annual HB Ag (heoatitis 3 surface
antigen) test and a tuberculin test (unless known to be tuoerculin posi-
tive).
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Attachment 3
environmental Protection Agency
Privacy Statement
Occupational Medical Monitoring Program Records
A. Authority under which the information is reauested:
£xecutive Order 11307 which requires that the Occupational Safety
and Health Act, P.I. 91-596 with its standards, Code of Federal Regula-
tions, Title 29, Chapter XVII, Part 1910 of the Code of Federal Regu-
lations be applied to Federal emoloyees; Code of Federal Regulations
Title 29, Chapter XVII, Part 1960, Federal Workers Safety ana Health.
Other authority: FPM Chaotar 339 (Meaical examination for appoint-
ment); FPM Chapter 752 (Adverse actions); FPM Chapter 810 (Claims for
disability under worker's compensation); FPM Chapter 331 (Disability
retirement); and FPM Chapter 339.
3. Uses to be made of the information:
The purpose of requesting personal information is to enable the
Agency Occupational Medical Officer, examining physician, and otner
health personnel to provide an occupational health orogram directed
primarily to protecting you and your fellow workers from potential
hazards in your work environment and the reduction of these hazards.
The records will document your health status, cnanges in physical
conditions through the years, and provide an account of any care
rendered, advice "given, and consultations that are recommenced.
This information may be used to determine unusual susceptibility
to illness or injury from exposures in your work environment, to deter-
mine suitability for assignments, to permit medical surveillance for
potential harmful effects of toxicants used in your work, and to oro-
vide medical treatment ana advice. It may be used to plan, implement
and evaluate occupational and preventive health programs, conduct eoi-
demiologic research, teach, and compile statistical data. It may be
used to adjudicate claims ana determine benefits, and reaort medical
conditions required by law to Federal, State ana local agencies. It
may be used for other lawful purposes including litigation.
C. Rules of confidentiality:
The information contained in these files will be open to review
and usage by the Agency Medical Office, the examining pnysician and/or
duly autnorized assistants except as noted below.
Information to be utilized for research, teaching, statistical,
or epidemiologic purposes will have all identifying data oonterataa
and made unrecognizaole as to the identity of an individual.
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Attachment 3
The records will be in the local custody of tne examining onysi-
cian and will oe maintained in a locxeo filing caoinet. Access will be
limited to the custodian ana/or auly aooointed health assistants. A
copy of these records may be maintained in cne Agency Occuoational
Medical Office. These will be maintained in locked caoinets with
access limited to the Director or to authorized assistants.
Upon death, retirement, resignation, or other termination of
Government service, the records will be forwarded to the US Office of
Personnel Management or Puolic Health Service Commissioned Officer De-
partment of Personnel for inclusion with the Official Personnel
Records and the custoay thereof will fall to the custodian of such
records.
Medical information about an applicant, employee or annuitant
shall not be made availaole to the puolic.
Medical information about an aoolicant, emoloyee or annuitant may
be disclosed to the aoplicant, emoloyee, or annuitant, or a reore-
sentative designated in writing, except that medical information con-
cerning a mental or other condition of such a nature that a oruaent
physician would hesitate to inform a person suffering from it of its
exact nature and probable outcome may be disclosed only to a licensed
physician designated in writing for that purpose by the incividual or
his designated representative. The determination on whether informa-
tion falls into the purview above will rest with the custodian.
The applicant, employee, or annuitant may request release of
records or information, and/or designate a rearesentative, in a letter
directed to the custodian of the records. The request will give the
full name of the representative and indicate the records co be re-
leased.
0. Disclosure of information by participants:
Disclosure of the required information is entirely voluntary ex-
cept for employees for whom disclosure is a condition of employment or
where a medical certificate is required before assignment to positions
which involve: (a) operation of motor vehicles; (b) exceotional
stress; (c) food handling; (d) direct physical contact with people -
for example, nurses and physical therapists; (e) wor'< above grouna
level or around hazardous power-driven machinery; or, (f) strenuous
exertion or hazardous duty or physical requirements more arduous than
those described on SF-177 - for examole, aircraft pilots ana flight
crew memoers, underwater divers, and firefignters. Pilots, flight
crew members, and divers will not be certified or recertified if the
information is not furnished. Other persons may decline to partici-
pate in or withdraw from the Occuoational Medical Monitoring Program
at any time without prejudice to themselves or to their jobs. If cue
information is not furnished, however, a complete occupational health
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Attachment 3
evaluation cannot be done ana will not oe attemotaa; optimum advice and
care may therefore not be oossible. Delay in certain benefits may
result from the lack of available information about an employee.
E. Certification:
I have received a copy of this statement which I may retain and i
understana that I may receive additional copies of this statement upon
request. I understand that a copy of this statement will oe placed in
my health records as evidence of this notificacion.
(lyped or printed name)
(Signature) (data)
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 9 - HAZARDOUS WASTE SITE INVESTIGATIONS
AND ENVIRONMENTAL SPILL RESPONSES
TABLE OF CONTENTS
MANUAL
OCCUPATIONAL
HEALTH AND SAFETY
PARAGRAPH
TITLES
Policy and Responsibilities
Health and Safety Program Requirements
Work Practices
PARAGRAPH
NUMBERS
1
2
3
APPENDICES
APPENDIX
NUMBER
Safety Plan 1
Periodic Health Assessment 2
Personal Protection Level Determinations 3
Packaging, Marking, Label ing,, and Shipping of Hazardous Waste
Site/Environmental Spill Samples 4
Sampl ing Procedures 5
Decontamination Procedures 6
TNI )
ORIGINATOR:
DRAFT 3
PM-273
August 29, 1980
CHAP 9
David Weitzman, Manager
Industrial Hygiene Programs
Office of Occupational Health
and Safety
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 9
HEALTH AND SAFETY
HAZARDOUS WASTE SITE INVESTIGATIONS AND
ENVIRONMENTAL SPILL RESPONSES
MANUAL
OCCUPATIONAL
1. POLICY AND RESPONSIBILITY.
a. Purpose. This chapter establishes policy, responsibilities,
and procedures for the conduct of the Agency occupational health and
safety program for hazardous waste site (HWS) investigations and
environmental spill (ES) responses.
b. Policy. The EPA is committed to providing safe and healthful
working conditions for EPA employees at hazardous waste sites and
environmental spills.
c. Background. Executive Order 12196, 29 CFR 1960, and this EPA
Occupational Health and Safety Manual require the EPA to provide safe
and healthful working conditions for its employees. The EPA is respond-
ing to this requirement with this chapter, which is an adaptation of
the "Safety Manual for Hazardous Waste Site Investigations", originally
drafted by EPA's National Enforcement Investigation Center (NEIC).
The draft manual has been developed further by a Work Group of the
Hazardous Waste Task Force, NEIC, and the Office of Occupational
Health and Safety (OOHS).
d. Discussion. Investigators and response personnel must effectively
deal with the potential of facing a very high risk of incurring illness
or injury while investigating a HWS or responding to an ES. They cannot
anticipate every safety hazard associated with HWS investigations and ES
responses,so they must take extraordinary precautions to prevent illness
or injury to themselves, other workers, and the public.
Since the investigators and response personnel cannot obtain the ideal
objective of complete elimination of risk, they must reduce the risk to
the lowest feasible level. No set of rules can be applied uniformly to
every situation. The application of the rules presented in this safety
manual chapter to a specific HWS investigation or ES response must be
based on the judgement of the Project Leader who is responsible
for the safety of the investigation or response*. It is imperative, there-
fore, that the Project Leader assess those variables peculiar to each planned
activity in establishing appropriate safeguards.
*The designation, Project Leader, originated from policies and procedures
developed by NEIC for HWS investigations. The corresponding position at
spill responses is the On-scene Coordinator. For the purposes of this
manual, Project Leader will be used to designate both Project Leaders
and On-scene Coordinators.
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e. Responsibilities.
(1) Assistant Administrators (AA) and Regional Administrators (RA).
AA's and RA's are responsible for:
0 developing and implementing a health and safety program, con-
sistent with this manual, for HWS investigations and ES responses
conducted under their organizational jurisdiction;
0 coordinating the development of their health and safety
program with the Director, Office of Occupational Health
and Safety (OOHS); and
0 submitting their health and safety program to the Director,
OOHS, for review to assure consistency of these programs
throughout the EPA.
i
The AA for Planning and Management, as the Designated Agency Safety
and Health Official, is responsible for:
0 administering the EPA's health and safety program for HWS
investigations and ES responses;
0 ensuring the allocation of adequate resources in the EPA's
Budget to support and monitor these programs; and
0 identifying, with designated object class codes, the resources
as required by OMB Circular No. A-ll.
(2) Officers-in-Charge of Reporting Units (QIC's). QIC's are
responsible for:
0 implementing the health and safety program for HWS investigations
and ES responses conducted by employees of their reporting unit.
(See EPA Occupational Health and Safety Manual, CHAP 1, PAR 5, for
a detailed description of QIC's health and safety responsibilities);
0 assuring that any PL conducting a HWS investigation or ES response
is qualified by training or experience, has the equipment to con-
duct the investigation or response safely, and plans an investigation
or response which is safe to all concerned; and
0 assuring the completion of semi-annual program reviews and audits.
(3) Safety Committee.
The Safety Committee is responsible for:
0 aiding and advising the QIC on employee health and safety matters and
policies and procedures for the Agency occupational health and safety
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program for HWS investigations and ES responses. (See EPA Occupa-
tional Health and Safety Manual, CHAP 5 PAR 4, for a detailed
description of the Safety Committee's health and safety respons-
ibilities);
0 promtly reviewing and approving Safety Plans prepared by each Pro-
ject Leader and forwarding them to the Safety Designee; and
0 advising the QIC on specific programs for medical surveillance.
(The Safety Committee should include or have access to individuals
with a variety of technical backgrounds, so while not being able to solve
technical problems or totally analyzing proposed activities, it can call
to the attention of safety experts areas of concern.)
(4) Occupational Health and Safety Designee.
The Safety Designee is responsible for:
0 advising and assisting the QIC in developing, organizing,
directing, and evaluating the health and safety program for
HWS investigations and ES responses; and
0 coordinating accident reporting, recordkeeping and often
the medical surveillance program. (See EPA Occupational Health
and Safety Manual, CHAP 1, PAR 3 for a detailed description
of the Safety Designee1s health and saffety responsibilities).
Safety Designees must have either backgrounds and training in recognizing,
evaluating, and controlling hazards at HWSs and ESs or access to this
expertise. (Safety Designees should have or have access to expertise in
field safety, industrial hygiene, respiratory protection, transportation
of hazardous materials, occupational medicine, and geology.)
(5) Project Leader.
The Project Leader has the primary responsibility for:
0 assuring the availability of personal protective equipment
and selecting the level of personnel protection needed for
use at HWS investigations and ES responses;
0 selecting work practices and engineering controls for HWS
investigations and ES responses;
0 preparing a Safety Plan prior to the investigation or response
(See Appendix 2 for details of the Safety Plan);
0 submitting the Safety Plan prior to the investigation or response
to the Safety Committee for their review and approval;
0 making available to program and support staff copies of
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the approved Safety Plan;
0 assuring that the program and support staff are instructed,
trained and certified in the work practices required to ensure
safety and in planned procedures for dealing with emergencies, and
are informed of the potential hazards associated with the planned
investigation or response;
0 designating one member of the investigation or response team
as the site Safety Officer, and assuring that that person
fulfills all safety responsibilities necessary for safe
operations;
0 supervising the safety performance of the staff to ensure
that the required work practices are employed;
0 arranging for immediate medical attention and reporting to
the Safety Designee any incident that results in injury or overt
exposure personnel by hazardous materials;
0 assisting the Safety Designee in investigating accidents;
0 investigating and reporting in writing to the Safety Designee any
problem pertaining to operation and implementation of work practices;
0 correcting work errors and conditions that may result in
injury or exposure to hazardous materials; and
0 assuring the health, welfare and safety of all Staff members
at the HWS or ES.
(6) Safety Officer. The Safety Officer is responsible for
implementing the Safety Plan at the site.
(7) Employees. Employees are responsible for:
0 complying with the health and safety program established by
this chapter on HWS investigations and ES responses;
0 reporting to their supervisors or the Safety Designee any unsafe
condition and all facts pertaining to incidents which resulted in
employee injury or exposure to hazardous materials; and
0 cooperating in the medical surveillance activities.
(8) Director, Office of Occupational Health and Safety.
Under the supervision of the AA for Planning and Management, the
Director, OOHS, is responsible for:
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0 reviewing and coordinating the health and safety programs
developed by AA's and RA's for HWS investigations and ES responses
for consistency with this chapter (See I.e. (1));
0 auditing investigation and response activities for compliance with
Agency policy and practices and good work practices.
0 informing responsible EPA officials of any problem areas;
0 providing technical support; and
0 approving training courses.
The Director, OOHS, is the top technical advisor for EPA on health
and safety for HWS investigations and ES responses.
2. HEALTH AND SAFETY PROGRAM REQUIREMENTS
<
a. Safety Plan- The Project Leader must prepare and obtain approval
of a Safety Plan (Appendix 2) before conducting a HWS investigation or
ES response.* The Safety Committee, or similar group set up for this
purpose, must review the Safety Plan and forward it to the Safety Designee
with comments. The Safety Designee and the QIC must approve the Safety
Plan before the investigation or response can proceed on-site. The Safety
Designee must maintain the Safety Plan on file and available for distribution,
provide a copy to each employee participating in the HWS investigation or
ES response, and forward an information copy to the Director, OOHS.
b. Audit. The QIC must ensure that semi-annual program reviews,
including on-site inspections, of the health and safety program for HWS
investigations and ES responses are conducted by persons with appropriate
background and training, and that any deficiencies are corrected as soon
as possible (or immediately if the deficiency is an- imminent hazard).
The QIC must forward a copy of the program review and abatement actions to
the Director, OOHS, for review. The Director, OOHS, may conduct inde-
pendent audits.
c. Accident Reporting. The Safety Designee must coordinate the report-
ing of anyincident involving injury or exposure (inoculation, injestion,
dermal contact, inhalation) to a hazardous material in accordance with the
procedures detailed in CHAP 3 of the Occupational Health and Safety Manual.
In addition, the Safety Deesignee must forward a copy of the accident report
to the employee's medical record (See 2.f.(3)).
*For ES responses, generic Safety Plans must be prepared in advance,
dealing with groups of possible spills, eg., Safety Plan for acid
gas spill, etc. In addition, emergency support groups including
fire, rescue and medical staffs, with telephone number, must be
grouped together by area for easy access in the event of a hurried
departure to a spill. This information must be readily available prior
to spill response for attachment to the Safety Plan.
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d. Training. The QIC must ensure that all employees, before con-
ducting HWS investigations and ES responses, receive a minimum of 24 hours
of training on HWS and ES safety (followed by 24 hour refresher courses
annually) and receive training by 3 separate field experiences before
conducting investigations and responses. The Safety Designee must obtain
the approval of Director, OOHS, of the initial and annual 24 hour courses
and must issue a certificate to employees upon completion of the courses
and field experiences. In addition, the Safety Designee must maintain
records of training and forward individual records to employees' personnel
files. EPA ORDER , "Health and Safety Requirements for Employees Engaged
in Field Activities", provides detailed training requirements.
The Safety Designee must keep the Safety Plan, and other appropriate
written information describing the potential health and physical injury
hazards of a HWS investigation or ES response, in a file that is continuously
and readily availably to employees.
e. Emergency Procedures. The Safety Designee must develop procedures
to protect personnel in case of emergencies at the HWS or ES. The emergency
procedures should include notifying emergency and other affected personnel
and the locations and emergency telephone number of the nearest emergency
medical facility, ambulance service, fire department, police department
and Poison Control Center.
f. Medical Surveillance. EPA ORDER _ "Health and Safety Require-
ments for Employees Engaged in Field Activities" provides medical surveil-
lance requirements consistent with the requirements presented below.
(1) Pre-assignment Health Assessment. The QIC must ensure that
all employees who work at HWSs and ESs receive a base-line health assessment.
These health assessments must be consistent with the EPA Medical Monitor-
ing Gui del ines.
The purpose of this pre-assignment assessment is to establish a baseline
health record and to seek conditions which would predispose the employee
to illness due to exposure to hazardous materials or due to the physical
demands of using personal protective equipment. The pre-assignment assess-
ment includes a work history, a medical history, and a physical exami-
nation, which includes customary laboratory studies and agent-specific
studies when appropriate.
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(2) Periodic Health Assessments. The QIC must ensure that all em-
ployees who work at HWSs and ESs are offered periodic health assessments. The
periodicity and content of these assessments must be determined by the
QIC after consultation with an occupational physician, the Safety Designee,
the medical monitoring coordinator, and the Project Leader.
These assessments include an updating of the employee's work and medical
histories, including occurrences of any accidental exposures previously
unreported. The following information must be included in the employee's
medical record: names of hazardous materials to which the employees may
have been exposed, information on the probability, frequency, and extent
of exposures, and any environmental measurements relating to hazardous
materials that may have been made. The periodic health assessment must
include a physical examination and may also include biochemical or other
surveillance of body fluids, and an evaluation of pertinent functional
systems of the body (See Appendix 2).
<
The medical monitoring coordinator at each location is responsible for
requesting and helping to schedule examinations and, assisted by the Safety
Designee, must furnish employees, prior to each examination, exposure
and environmental monitoring data as specified above for inclusion in
their medical records.
(3) Records. Medical records must be maintained by the respective
occupational physician for the duration of the employee's employment.
Upon termination of the employee's employment, including retirement or
death, the medical records must be maintained for an extended period of
time in a manner that will ensure ready access as needed by the medical
monitoring program of the EPA. The extended period of time must be at
least 30 years after the individual's last work with hazardous materials.
Forward the records to the Medical Monitoring Program Manager, OOHS, if
custody of the records cannot be maintained locally.
3. WORK PRACTICES
The work practices specified in this section must be used by all HWS investigators
and ES personnel.
a. Personnel Practices.
(1) Protective Clothing. Protective clothing must be worn by all
personnel while on a suspected or confirmed HWS or ES unless sufficient data
has been acquired to enable the Project Leader to make an informed judg-
ment that pro tective clothing is not needed. In the absence of clear
indications that work can proceed safely without protective clothing,
required items include chemical-resistant pants, jacket, boots, gloves,
and hard hat or head cover, and may include a fully encapsulating chemical
protective suit.
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Project Leader's must also consider the potential hazards of wearing
protective clothing since protective clothing is cumbersome, hastens
the on-set of fatigue, increases heat stress, and increases the time the
personnel must spend in the high risk area.
(2) Heat Stress. Employees must compensate for the increased
heat stress caused by wearing protective clothing in hot weather in order
to prevent the on set of heat induced illnesses. Employees must maintain
an appropriate work-rest regimen and water and salt balances (see 3.b. (9)
for details).
(3) Eye Protection. Devices to provide appropriate eye protection
must be worn on any HWS or ES and should meet ANSI Z87.1, "Practice for Occu-
pational and Educational Eye and Face Protection".
(4) Forbidden Practices. The following practices are expressly
forbidden during operations on suspected or known HWSs and ESs:
0 Smoking, eating, drinking, chewing gum or tobacco; applying
cosmetics; storing utensils, food or food containers while
on site.
0 Ignition of flammable liquids within, on, or through im-
provised heating devices (barrels, etc.) or space heaters.
0 Approach or entry into areas or spaces where toxic or explo-
sive concentrations of gases or dust may exist without
proper equipment available to enable safe entry.
0 Conduct of on-site operations without off-site backup
personnel*
(5) Personal Hygiene. All personnel must wash the affected area
immediately after obvious contact with a hazardous substance.
b. Operational Practices.
(1) Information Review and Reconnaissance. The Safety
Plan for a HWS investigation or ES response must be based upon a thorough
evaluation of existing data and a reconnaissance (see "Waste Disposal Site
Hazard Assessment Manual", available from NEIC.) The information search
may indicate possible chemical hazards such as the presence of incompatible
chemicals, toxic gases, explosives, etc. (see Appendix D). Such indications
may provide insight to specific safety precautions needed. Similarly, a
perimeter inspection or aerial imagery, followed by an on-site reconnais-
sance, may reveal safety hazards requiring special attention.
*0n-scene Project Leader's may exericse informed judgment regarding
the need for off- site backup at active sites, or in cases where sites
have been repeatedly entered or occupied without apparent harm. In
any case where doubt exists, backup personnel must be present.
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Investigators and response personnel will normally become better able
to specify appropriate safety precautions as they get progressively closer
to, and measure, hazardous materials in air, runoff, groundwater, soil,
spilled material, barrels, etc.
(2) Protection Levels. Although the Project Leader must deter-
mine the level of protection which is appropriate for each HWS and ES,
four specific Protection Levels have been provided in this chapter as
bench marks for the Project Leader to select from (See Appendix 3). The
Project Leader must select a level based on aavailable information.
(3) Zones. Two or more zones must be established, clearly de-
lineated, and posted.
0 Decontamination Zone. During operations on a suspect or known
HWS or ES, a zone must be established for decontamination of equipment and
personel and access control just outside the area of suspected contam-
ination. At least one employee will remain in this zone to:
00 Assist in emergency removal of personnel from the HWS or ES in
the event of accident or injury. The backup must have readily
available protective clothing, breathing apparatus and first
aid equipment.
00 Assist in moving equipment, samples and supplies.
00 Provide communication to emergency units.
00 Assist in decontamination or removal of contaminated
clothing from the individuals emerging from the con-
taminated area.
00 As appropriate, prevent entry of unauthorized persons
to the HWS or ES while operations are underway.
00 Provide other assistance as necessary, but with the
primary objective of facilitating safe transfer of
personnel and equipment to and from the affected area.
0 Contamination Zone(s). The area(s) which contain, or are suspected
of containing, hazardous materials must be clearly delineated and posted.
The Project Leader may establish more than one contamination zone for
areas of different levels of potential personnel hazard. Only persons
authorized by the Project Leader may enter a contamination zone.
(4) Radioactivity and Explosivity. All HWSs and ESs must be
checked for radioactivity and explosivity during first entry onto the
site. Normal background radioactivity is approximately 0.01 to 0.02 mR/hr.
Detecting levels of activity significantly greater than normal background
is cause for a very careful survey of the entire site; if levels approach-
ing 2 mR/hr are encountered, the advice of a competent radiation health
c-54
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physicist must be sought before continuing operations on the site. (EPA's
Office of Air, Noise, and Radiation has radiation specialists in each
Region as well as staff at HQ, EER-Montgomery and ORD Las-Vegas.)
If explosivity readings greater than 20% LEL* are detected, very careful
survey of the area must be made. Readings approaching or exceeding 50%
LEL are cause for immediately withdrawing personnel and notifying the
emergency, fire, and explosion units. The Project Leader must be con-
sulted before continuing operations.
(5) Buddy System. A minimum of two employees, in constant commu-
nication* with each other, are required to perform any work in contamination
zones.
(6) Sampling Procedures. Sampling procedures must minimize the
risk of personnel exposure to hazardous materials during sampling, packaging,
shipping and analysis, and minimize the risk of exposure of others to spilled
or residual waste materials. Disposable sampling equipment should be used
wherever possible. (See Appendix 4, Sampling Procedures for more details).
(7) Sample Handing. Samples of runoff, ambient air, or groundwa-
ter from a HWS or ES or possibly affected areas, may be moved directly into
laboratories and handled with normal safety precautions, unless the Project
Leader determines that special handling is appropriate. However, samples of
liquids or solid materials removed from containers or obviously contami-
nated spill areas must be assumed to be hazardous materials and handled in
compliance with OOHS Safety Manual CHAP 8 "Laboratory Use of Toxic Subs-
tances".
(8) Use of Respirators as Personal Protective Devices. A respira-
tor use program must be provided for HWS investigators and ES personnel
who enter areas where a potential for inhalation exposure to a hazardous
material is present. This program will meet the requirements of
the OSHA General Industry Standards for respiratory protection as detailed
in 29 CFR 1310.134 and EPA Order . The respirators must be certified in
accordance with the requirements of the National Institute for Occupational
Safety and Health (NIOSH) under the provisions of 30 CFR Part 11. The
selection and use of respirators must be approved by the Safety Designee.
(9) Use of Respirators. This section provides procedures which
must be followed at HWSs and ESs but is not a substitute for the respirator
use program described in 3.b.(8) directly above.
*Lower Explosive Limit
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0 Self Contained Breathing Apparatus (SCBA). SCBA must be worn on-
site when:
00 Containers of unknown or known hazardous materials are being
opened.
00 When in enclosed spaces where hazardous materials are present,
such as abandoned waste chemical storage buildings or man-
holes which have received spilled chemicals.
00 When the Project Leader judges that the concentration of hazardous
materials in the air is greater than 10 times the OSHA PEL**.
0 Cartridge Respirators. Cartridge respirators, which are easier to
use but provide less protection than SCBA's, can be worn on-site
only when:
00 Hazardous materials in the air are not greater than 10 times
the PEL, and have good warning properties.
00 The Project Leader judges that respirators are needed as a precaution
against generation of low levels of toxic substances in
air due to sampling, handling, decontaminating, or other
operations.
00 Extended periods of use on-site, which would cause the capacity
of the cartridge to be exceeded, are not required.
00 Measurements have verified that at least 19.5% oxygen is
present.
00 Emergency escape respirators are carried by cartridge respi-
rator users. Escape respirator must be donned immediately
upon experiencing any warning property such as difficulty
breathing, dizziness, or other distress, strong taste,or
smell. User must then leave the site.
0 Carrying respirators. Cartridge or emergency escape respirators
must be carried on-site when the Project Leader judges that, al-
though the risk is very low, hazardous materials may become
present in the air during operations. The respirators must be donned
immediately upon experiencing any of the warning properties described
immediately above. The user must leave the site immediately
after donning an escape respirator or if the warning properties
persist after donning a cartridge respirator.
* Radio contact must be maintained when visual contact cannot be maintained.
** Permissible Exposure Level
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(10) Heat Stress. The effectiveness of employees rest-regimen
should be confirmed by monitoring heart rate. Use the Brouha guideline:
pulse rate is counted for the last 30 seconds of the first three minutes
after rest begins. If the first recovery pulse (i.e., from 30 to 60 sec
onds) is maintained at 110 beats per minute or below and deceleration
between the first and third minute is at least 10 beats per minute, no
increasing strain occurs as the work day progresses.
Employees must replace water and salts lost from sweating. Use either
0.1% salt solution or commercial mixes (such as Gatorade). The commercial
mixes may be preferable for employees on low sodium diets. In addition,
on days when the potential for heat stress is apparent, advise employees
to salt food more than usual.
(11) Sampling Equipment. As a general rule, sampling equipment
used on a HWS or ES should be disposable. Sampling instruments and other
non-disposable equipment should be kept clean with disposable protective
covers. Dippers, scoops, and' similar devices for solids samples should be
buried on-site, or placed in plastic bags for disposal or later decontam-
ination. Liquid samples from barrels or tanks should be withdrawn in
inert tubing, such as glass, and tubing should then be broken and abandoned
within the barrel or tank. If incineration or recycling of barrel contents
is contemplated, the tubing may be disposed of in other suitable con-
tainers, or buried on the sites. The widely discussed Composite Liquid
Waste Sampler (or "Coliwasa") is unsuitable because it is extremely diffi-
cult to decontaminate under field conditions.
(12) Decontamination. Whenever possible, equipment should be decon-
taminated prior to leaving the HWS or ES. Equipment which can not be de-
contaminated at the scene must be double bagged and transported to another
area for eventual decontamination. Where possible, verify completeness
of decontamination with sniffers, swipe tests, or other appropriate
tests (See Appendix 6, Decontamination Procedures, for more detail).
(13) Packaging and Shipping. Hazardous materials must be packaged to
withstand shocks, pressure changes, and any other conditions which might
cause the leakage of contents incident to ordinary handling during trans-
portation. Shipments of hazardous materials must be in accordance with DOT
regulations. (See Appendix 4 for packaging and shipping guidance for hazardous
waste samples).
(14) Leaving the Site. Procedures for leaving the suspect contam-
inated area must be planned before entry. Provision must be made for:
decontamination and safe packaging of protective clothing; burial or safe
packaging of disposable gear; handling of samples and preparation of samples
for shipment; transfer of equipment, gear, and samples from the "contam-
inated" area to the "clean" area; etc. Sequences will depend on several
variables — such as SCBA inside or outside of protective clothing —
but must be worked out in advance.
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(15) HWS and ES Monitoring Equipment. For immediate evaluat-on of
potential health hazards, use direct reading instruments such as portable
combustible gas and oxygen meters, photoionization meters, gas chromatographs,
infrared spectrometers, radiation survey meters, and colorimetric detector
tubes. The Project Leader must be aware of the limitation of these portable direct
reading instruments when characterizing the unknown chemicals at unknown
concentrations at HWSs and ESs.
(16) Decontamination Equipment. Equipment and supplies for decon-
tamination must be available on-site. The equipment and supplies must allow
employees to wash exposed areas of their bodies as well as equipment or
other items which have been in the contamination zone, and collect the
washwater and other contaminated materials for disposal. The equipment
must include at least a 20 gallon emergency eye wash and may include a
personnel shower.
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APPENDIX I
SAFETY PLAN
Assistance in preparing the safety plan can be obtained from the Safety
Designee located in Room of Building
or by telephoning
REVIEW
Safety Committee Chairperson
APPROVALS
Project Leader
Safety Designee_
QIC
PROJECT LEADER
Branch
Building
Room
Phone
DATE OF PLAN PREPARATION
HAZARDOUS WASTE SITE OR ENVIRONMENTAL SPILL RESPONSE
Site Name Site No.
HAZARDOUS/TOXIC MATERIAL (known or suspected, contaminated media or in
storage container, etc.):
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HAZARD ASSESSMENT(toxic and pharmacologic effects, reactivity, stability,
flammability, and operational concernssampling, decontam-
inating, etc.):
MONITORING PROCEDURES(If required by the Project Leader)
Monitoring the site for identify and concentration of contamination:
Medical surveillance procedures for evidence of personnel exposure:
Personnel monitoring procedures:
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DECONTAMINATION AND DISPOSAL
Decontamination Procedures (contaminated: personnel surfaces, mater-
ials, instruments, equipment, etc.):
Disposal Procedures (contaminated equipment, supplies, disposable,
washwater):
EMERGENCY PROCEDURES
In event of overt personnel exposure (skin contact, inhalation,
ingestion):
In event of personnel injury:
In event of potential or actual fire or explosion:
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In event of potential or actual ionizing radiation exposure:
In event of environmental accident (spread of contamination
outside HWS or ES):
PERSONNEL POTENTIALLY EXPOSED TO HAZARDOUS MATERIALS
Personnel Authorized to Enter HWS or ES
1.
2.
3.
4.
5.
Other Personnel Assigned to Handle Hazardous Materials (decontaminate,
analyze samples)
1.
2.
3.
4.
5.
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-------
APPENDIX 2
PERIODIC HEALTH ASSESSMENT
1. ASSESSMENT FOR EVIDENCE OF EXPOSURE.
The nature of a program for providing periodic health assessments is com-
plicated by several factors: (1) many workers handle a variety of hazardous
materials so that the medical surveillance should ideally seek evidence
of adverse effects from all these substances, (2) the hazardous materials
may not be identified, (3) some hazardous materials may have chronic
effects such as cancer but have little or no toxicity other than the production
of neoplasms, and most tumors do not become evident until many years (often
20-30) after the initiating events.
Biologic monitoring will sometimes be a useful method of detecting exposure
and, perhaps, of estimating the degree of exposure. Biologic monitoring
usually involves the analysis of body fluids or excreta (usually urine,
sometimes blood, rarely expired air) for the hazardous material or a bio-
transformation product. An example is the detection of reaction products
of biphenyl amines in the urines of persons absorbing benzidine or its
derivatives. Even if exposure cannot be quantitated, as is sometimes the
case, the mere detection of the metabolite, if its presence is specific to
the individual hazardous material or class, is sufficient to indicate the
need for corrective action.
For chronic effects, medical monitoring will, sometimes for necessity and
more often for efficiency, usually concentrate on events likely to precede
overt evidence of serious health effects such as tumorigenesis. For ex-
ample, some carcinogens, such as dimethylnitrosamine, have high acute
toxicity, especially to the liver, and evidence of such acute toxicity can
be obtained within a few hours or days following exposure. Some tumors,
such as those induced by carbon tetrachloride, are normally preceded by
marked changes in liver cells, usually detectable by clinical tests.
Others, e.g., angiosarcomas induced by such substances as vinyl chloride,
will often cause detectable cell changes in nearby tissue as the probable
result of space occupation. It should be noted that detection of such
toxic changes does not necessarily presage tumor development, but should
nevertheless precipitate the institution of corrective work practices.
The occupational physician, to be effective, must have relevent information,
such as mode and mechanism of toxic action, frequency and severity of
exposure, and exposure concentrations, if known. Some of this infor-
mation will be available in individual safety data sheets for hazardous
wastes once identified. However, this information should be supplemented
by the Project Leader when appropriate.
In some cases, especially with some lesser known hazardous materials,
there will be EPA investigators in research and analysis laboratories who
will be better informed on possible biologic monitoring procedures than
will the occupational physician. In such cases, the HWS investigators
or ES response personnel should discuss the possibilities of specialized
testing with the occupational physician and refer the physician to the
appropriate EPA investigator for information. It may also be that specialized
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analytical procedures and equipment will be needed for some of this monitoring,
procedures and equipment that may not be available to the medical laboratory
but which are available in the research laboratory. The investigators
should have such monitoring procedures performed by EPA laboratories only
with prior approval by and participation of the occupational physician.
This is to ensure that appropriate precautions will be taken; such as (1)
precautions necessary to data interpretation, such as standard corrections
for dilution of urine, (2) precautions for the individual, such as assurance
that invasive procedures will not be used, and (3) precautions for the
individual's privacy, such as maintenance of appropriate security for
individual records.
2. PREEMPLOYMENT EXAMINATIONS. The U.S. Office of Personnel Management
MUST approve the requirement for having a preemployment examination of ap-
plicants for a federal employment position.
a. Criteria. The following criteria are recommended for individuals
selected for arduous duty positions:
Vision—Binocular vision is required and must be at least 20/40
(Snellen) in one eye and 20/20 in the other, with or without
corrective lenses. Near vision must be sufficient to read with-
out strain printed material the size of typewritten characters.
Normal depth perception, accommodation, and field of vision are
required, as is the ability to distinguish basic colors.
Hearing—Without using a hearing aid, applicant must have no
hearing loss in either ear of more than 30 decibels at 500-,
1,000-, or 2,000-cps range.
Speech—Diseases or conditions resulting in indistinct speech are
disqualifying.
Olfactory Sense—Applicant must possess a normal sense of smell.
Respiratory System--Any chronic disease or condition affecting the
respiratory system that would impair the full performance of duties
is disqualifying; e.g., conditions that result in reduced pulmonary
function, shortness of breath, or painful respiration.
Cardiovascular System—The following conditions are disqualifying:
a. Organic heart disease (compensated or not)
b. Hypertension with repeated readings that exceed 150 systolic
and 90 diastolic without medication
c. Symptomatic peripheral vascular disease and severe varicose
veins
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Gastrointestinal System—Chronic symptomatic disabling diseases
or conditions of the gastrointestinal tract are disqualifying.
Endocrine System—An uncontrolled systemic metabolic disease,
such as diabetes or gout, is disqualifying.
Genitourinary Disorders—Chronic, symptomatic diseases or con-
ditions of the genitourinary tract are disqualifying.
Extremities and Spine—Any deformity or disease that would in-
terfere with range of motion or dexterity or that is severe
enough to affect adversely the full performance of position
duties is disqualifying.
Nervous System—Applicants must possess emotional and mental
stability. Applicants' with a history of epilepsy or convulsive
disorder must have been seizure-free for the past 2 years with-
out medication. Any neurological disorder with resulting de-
creased neurological or muscular function is disqualifying.
Miscellaneous—Although not mentioned specifically above, any
other disease or condition that interferes with the full pre-
formance of duties is also grounds for medical rejection.
b. Medical Examinations.
The arduous duty medical examination must include for each
applicant:
A. A complete medical examination, by or under the super-
vision of a licensed physician, consisting of:
1. The obtaining of a thorough occupational and medical
history.
2. The performance of a comprehensive physical exami-
nation of the following:
a. head, face, neck, and scalp
b. nose
c. mouth and throat, including general dental
condition and hygiene
d. speech
e. ears, including drums
f. eyes, including pupils, ocular motility, field
of vision, and fundi
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g. lungs and chest
h. heart
i. vascular system
j. abdomen, viscera, and hernia
k. anus and rectum
1. endocrine system
m. genitourinary system
n. upper extremities
o. lower extremities, including feet
<
p. spine and musculoskeletal system
q. skin and lymphatics
r. identifying body marks, scars, or tatoos
s. neurological system
t. psychiatric system
Pelvic examination of females is not required. Proctosigmoidoscopic
examination is not required.
3. The following parameters must be measured/tested
and results recorded:
a. height (without shoes)
b. weight (undressed)
c. visual acuity, including distant and near vision
corrected and uncorrected
d. color vision, using Ishihara or other color-
plate method
e. depth perception
f. hearing acuity, by pure tone audiometry
g. blood pressure
h. pulse rate
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4. The following tests must be performed, interpreted,
and recorded:
a. electrocardiogram (12 lead, resting)
b. chest X-ray (PA single view, 14x17 inches)
c. pulmonary function (forced vital capacity and
forced expiratory volume in 1 second)
d. urinalysis, complete (pH, glucose, ketones,
albumin, occult blood)
e. blood count, complete (white cell count, red
cell count, hemoglobin determination, hematocrit
determination, platelet estimation, scan of
blood smear, and calculations of MCV, MCH, and
MCHC Indices)
f. blood chemistries (cholesterol, glucose, urea
nitrogen, uric acid, transaminase (SGOT), bilirubin,
calcium, total protein, inorganic phosphate,
alkaline phosphatase, lactic dehydrogenase (LDH),
creatinine)
B. The applicant shall be advised of findings and counseled
to seek medical attention as may be indicated.
3
C. The examination findings, results, recommendations, and
opinions shall be reported to EPA on the Certificate of
Medical Examination, Standard Form No. 78, revision of
October 1969, Part C, to which may be appended test and
other reports.
The preemployment medical examination for respirator users should
consist of a general medical examination, similar in scope to the
arduous duty examination, but with special attention to evaluation
of the skin, cardiac and pulmonary systems, and evaluations of any
history or symptoms of allergy. The examining physician should also
be alert to any personality or psychological factors which may affect
respirator use. The physician will usually not be knowledgeable
about types and uses of respirators. He or she will need to evaluate
the stress that may be associated with the assigned duties and re-
spirator(s) used. Therefore, the physician should be informed of
the characteristics of the required respirator(s): use and type,
frequency and duration of expected use, use in hot or cold environ-
ments, etc. Detailed medical standards for respirator users are
not available; the physician must form a medical judgement based on
evaluation of respirator demands and stress and on the clinical
findings in individual applicants.
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APPENDIX 3
PERSONAL PROTECTION LEVEL DETERMINATIONS
a. Introduction
It is of the utmost importance that the Project Leader specify the
correct level of protective equipment for each HWS investigation or ES
response. The level of protective equipment shall be determined by the
type and levels of waste or spill material present at the site. In situations
where the types of waste or spill material on-site are unknown or the
hazards are not clearly established, the Project Leader must make a reasonable
determination of the level of protection that will assure the safety of
investigators and response personnel until the potential hazards have been
characterized. This level shall be maintained until the hazards have been
determined through monitoring; sampling, informational access, or other
reliable methods. Once the hazards have been determined, then protective
levels commensurate with the hazards will be used.
The appropriate level of protection shall be determined prior to entering a
hazardous waste site or responding to an environmental spill. The levels
of protection are explained below and itemized in Table 3-1.
Level A
Level A protection must be worn when the Project Leader makes an reasonable
determiantion that the highest available level of both respiratory and skin
(and eye) contact protection is needed. It should be noted that while
Level A provides maximum available protection, it does not protect against
all possible hazards. Consideration of the heat stress that can arise
from wearing Level A protection should also enter into the Project Leader's
decision. (Comfort is not a decision factor, but heat stress will
influence work rate, scheduling, and other work practices.)
Level B
The Project Leader must select Level B protection when the highest level of
respiratory protection is needed, but hazardous material exposure to the
few unprotected areas of the body(i.e., the back of the neck) is unlikely
with Level B protective clothing.
Level C
The Project Leader may select Level C when the required level of respiratory
protection is known, or reasonably assumed to be, not greater than the
level of protection afforded by air purifying respirators; and hazardous
materials exposure to the few unprotected areas of the body(i.e., the back
of the neck) is unlikely with Level C protective clothing. Level C requires
carrying an emergency escape respirator.
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Level D
Level D is the basic work uniform. Investigators and response personnel
must not be permitted to work in civilian clothes.
b. Protective equipment and criteria
Level A
(1) Personal Protective Equipment
0 Open circuit, pressure-demand SCBA
0 Totally encapsulated suit
0 Gloves, inner (surgical type)
0 Gloves, outer, chemical protective
0 Boots, chemical protective, steel toe and shank
0 Booties, chemical protective
i
(2) Criteria
0 Sites known to contain hazards which
00 require the highest level of respiratory protection (as
stated above)
00 will cause illness as a result of personal exposure, and
00 the Project Leader makes a reasonable determination that
personal exposure could occur to any part of the body.
0 Sites for which the Project Leader makes a reasonable determina-
tion that, based on the lack of information to the contrary,
the site may be described as stated directly above.
Level B
(1) Personal Protective Equipment
0 Open circuit, pressure-demand SCBA
0 Chemical protective
00 Overalls and long sleeved jacket, or
00 Coveralls
0 Gloves, inner (surgical type)
0 Gloves, outer, chemical protective
0 Boots, chemical protective, steel toe and shank
0 Booties, chemical protective
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(2) Criteria
Sites known to contain hazards which require the highest level
of respiratory protection as stated above
will cause illness as a result of personal exposure, and
the Project Leader makes a reasonable de
personal exposure to areas of the body n
Level B protective clothing is unlikely.
for which the Project Leader makes a
:hat, based on the lack of informatio
the site may be described as stated above.
00 the Project Leader makes a reasonable determination that
personal exposure to areas of the body not covered by
0 Sites for which the Project Leader makes a reasonable determina-
tion that, based on the lack of information to the contrary,
Level C
(1) Personal Protective'Equipment
0 Full face-piece air-purifying respirator
0 Emergency escape respirator (carried)
0 Chemical protective
00 Overalls and long sleeved jacket, or
00 Coveralls
0 Gloves, inner (surgical type)
0 Gloves, outer, chemical protective
0 Boots, chemical protective, steel toe and shank
0 Booties, chemical protective
(2) Criteria
0 Sites known to contain hazards which
00 do not require a level of respiratory protection greater
than the level afforded by air purifying respirators
(nominal protection factor of 10) as stated above,
00 will cause illness as a result of personal exposure, and
00 the Project Leader makes a reasonble determination that per-
sonal exposure to areas of the body not covered by
Level C protective clothing is unlikely.
0 Sites for which the Project Leader makes a reasonable determina-
tion that, based on the lack of information to the contrary,
the site may be described as stated above.
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Level D
(1) Personal Protective Equipment
0 Coveralls, cotton
0 Boots/shoes, safety
0 Safety glasses
0 Hard hat with optional faceshield
0 Air purifying respirator (readily available)
(2) Criteria
0 Sites where the Project Leader makes a reasonable
determination.that hazards due to exposure to hazardous mate-
rials is unlikely.
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APPENDIX 4
(These procedures are currently under revision to reflect the May 19, 1980
changes in the Department of Transportation regulations for shipment of
hazardous materials.)
PACKAGING. MARKING, LABELING. AND SHIPPING OF HAZARDOUS WASTE SITE AND
ENVIRONMENTAL SPILLS SAMPLES
General Provisions. Samples that are judged to be environmental samples
may be shipped according to letters of understanding granted EPA by DOT.
Other specific exemptions may also apply (e.g., use of Labelmaster,
Inc. package #38, or Dow Chemical Co. Imbiber Pack for shipment of
Poison B, n.o.s. by United Parcel Service).
The following procedures apply to samples collected from a hazardous
waste site or environmental spill, and which in the judgment of the
Project Leader cannot be considered to be "environmental samples".
0 Unanalyzed HWS and ES samples may not be fixed with any preservative or
preserved with ice or dry ice.
0 If a material specifically identified in the Department of Transpor-
tation (DOT) Hazardous Material Table (49 CFR 172.101) is known to
be contained in an HWS or ES sample, that sample should be transported
as prescribed in the table.
0 Unanalyzed HWS and ES samples may be transported by rented or common
carrier truck, bus railroad, and by Federal Express Corporation*
(air cargo); but they may not be transported by any other common
carrier air transport, even "cargo only" aircraft. Those samples
taken from closed drums or tanks, however, should not ordinarily be
transported by Federal Express. (See 1 and 2 in "Packaging, Marking
and Labeling Requirements for Unanalyzed Hazardous Waste Site Samples
Taken From Closed Drums").
0 If samples are transported by any type of government-owned vehicle,
including aircraft, DOT regulations are not applicable. However,
EPA and FIT personnel will use the packaging procedures described
below except that the Bill of Lading with certification form does
not have to be executed (see "Shipping Papers" on under b.8).
These procedures are designed to enable shipment by entities like
Federal Express; however, they should not be construed as an endorsement
by EPA of a particular commercial carrier.
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0 Irrespective of type sample or container, after completion of the
analyses the contractor will repackage the original sample bottles
in the coolers or containers received, and return them to the origi-
nating Regional office. The packages will be sealed and shipped
under custody procedures as they were received. Each originating
office should make arrangements with the contractor through the
Sample Management Office (VIAR) for the method of return and payment
for shipping charges within 30 days after sample shipment. Organic
extracts from the samples will be shipped by the analytical contrac-
tors to EPA's EMSL/Las Vegas office for archival storage.
b. Packaging, Marking and Labeling Requirements for Unanalyzed
Hazardous Waste Site Samples, Excluding Drum Samples.
(1) Collect sample in an 8-ounce* or smaller glass container with
nonmetallic, teflon-lined screw cap. Allow sufficient ullage
(approximately 10% by volume) so container is not liquid full at
130 F. If collecting a solid material, the container plus con-
tents shall not exceed 1 pound net weight.
(2) Attach properly completed sample identification tag [Figure 4]
to sample container.
(3) Seal sample container and place in 2-mil-thick (or thicker) poly-
ethylene bag, one sample per bag. (Tags should be positioned to
enable them to be read through bag.)
(4) Place sealed bag inside a metal can with Incombustible, absorbent
cushioning material (e.g., vermiculite or earth) to prevent break-
age, one bag per can. Pressure-close the can and use clips, tape
or other positive means to hold the lid securely, tightly and
effectively.
(5) Mark and label this container as indicated in No. 8 below.
(6) Place one or more metal cans (or a single 1-gallon bottle*) sur-
rounded with incombustible packaging material for stability during
transport, into a strong outside container, such as a metal picnic
cooler or a fiberboard box.
(7) Mark and label the outside container and complete shipping papers
as described below.
Large quantities, up to one gallon, taken from wells may be collected
if the flash point of the sample can be determined to be 73 F or higher.
In this case, such should be marked on the outside container (carton,
etc.) but only a single (one gallon or less) bottle may be packed in an
outside container. Ten percent ullage and requirements 2,5,6, and 7
below must also followed. On the shipping papers state that "flash
point is 73° or higher".
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(8) Marking and labeling: Use abbreviations only where specifed.
Place the following information on a metal can (or bottle), either
hand printed or in label form: laboratory name and address and
"Flammable Liquid, n.o.s.", (if not liquid, write "Flammable
Solid, n.o.s.").* Place the following labels on the outside of
the can (or bottle)
"Cargo Aircraft Only"; "Flammable Liquid";
if not liquid, "Flammable Solid" ("Dangerous
When Wet" label should be used if the solid
has not been exposed to wet environment).
Note: If the cans are placed in an exterior container, both that
container and inside cans must have the same markings and labels
as above. "Laboratory Samples" and "THIS SIDE UP" or "THIS END
UP" should also be marked on the top of the outside container,
and upward pointing arrows should be placed on all four sides of
the exterior container.
Shipping Papers: Use abbreviations only where specified below:
Complete the carrier-provided bill of lading and sign the certifi-
cation statement (if carrier does not provide, use standard indus-
try form) with the following information in the order listed. One
form may be used for more than one exterior container.
"Flammable Liquid, n.o.s." (or Flammable Solid,
n.o.s.", as appropriate); "Cargo Aircraft Only";
"Limited Quantity" or "Ltd. Qty."; "Laboratory
Samples"; "Net Weight " or "Net Volume
" (of hazardous contents), by item,
if more than one metal can is inside an exterior
container. The net weight or net volume must be
placed just before or just after the "Flammable
Liquid, n.o.s." or "Flammable Solid, n.o.s."
description.
A Chain-of-Custody Record form should also be properly executed,
and included in the exterior container.
(9) Unless samples are driven to the laboratory, a team member must
accompany shipping container(s) to the transport carrier and, if
required, open outside container(s) for freight inspection.
Using "Flammable" does not convey the certain knowledge that a sample
is in fact flammable, or how flammable, but is intended to prescribe
the class of packaging in order to comply with DOT regulations; "n.o.s."
means not otherwise specified.
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Packaging, Marking and Labeling Requirements for Unanalyzed Hazardous
Waste Site Samples Taken from Closed Drums"
(1) All samples from closed drums do no necessarily have to be
shipped as below. The Project Leader must make a judgement,
based on the information available, as to the hazard class of
samples gathered. This packaging, marking, labeling and
shipping method provides a worst-case procedure for materials
classed as "Poison A" {49 CFR 173.328).
(2) These samples may not be transported by Federal Express Corpora-
tion (air cargo) or other common carrier aircraft, or by rental,
non-government aircraft. (Samples may be shipped by ground trans-
port or government aircraft.)
(3) Collect sample in a polyethlylene or glass container which is of
an outer diameter narrower than the valve hole on a DOT Spec.
3A1800 or 3AA1800 metal cylinder. Fill sample container allowing
sufficient ullage (approximately 10% by volume) so it will not be
liquid-full at 130° F. Seal sample container.
(4) Attach properly completed Sample Identification Tag (Figure 4) to
sample container.
(5) With a string or flexible wire attached to the neck of the sample
container, lower it into a metal cylinder which has been partially
filled with incombustible, absorbent loose packaging material
(vermiculite or earth). Allow sufficient cushioning material
between the bottom and sides of the container and the metal cylin-
der to prevent breakage. After the cylinder is filled with cush-
ioning material, drop the ends of the string or wire into the
cylinder valve hole. Only one sample container may be placed in
a metal cylinder.
(6) Replace valve, torque to 250 ft-lb (for 1 inch opening) and re-
place valve protector on metal cylinder, using teflon tape.
(7) Mark and label cylinder as described below.
(8) One or more cylinders may be placed in a strong outside container.
(9) Mark and label outside container and complete shipping papers as
described below.
(10) Marking and labeling: Use abbreviations only where specified.
Place the following information on the side of the cylinder, or
on a tag wired to the cylinder valve protector, either hand-
printed or in label form.
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"Poisonous Liquid or Gas, n.o.s.", laboratory name and address.*
Place the following label on the cylinder: "Poisonous Gas".
("Poisonous Liquid" label not acceptable here, even if liquid.)
Note: If the metal cylinders are placed in an outside container,
both the container and cylinders inside must have the same mark-
ings and labels as above. In addition, "Laboratory Sample", and
"Inside Packages Comply With Prescribed Specifications" should be
marked on the top of the outside container. "THIS SIDE UP" mark-
ing should be placed on the outside container and upward pointing
arrows on four sides.
Shipping Papers: Complete the shipper-provided Bill of Lading
and sign the certification statement (if carrier does not provide,
use standard industry form) with the following information in the
order listed. One form may be used for more than one exterior
container; use abbreviations only as specified:
"Poisonous Liquid, n.o.s."; "Limited Quantity" or
"Ltd. Qty."; "Laboratory Samples"; "Net Weight
or "Net Volume " (of hazardous contents), by cy-
linder, if more than one cylinder is inside an exterior
container. The net weight or net volume must be placed
just before or just after the "Poisonous Liquid, n.o.s."
marking.
A Chain-of-Custody Record form (Figure 5) should also be
properly executed and included in the container, or with the
cylinder.
(11) Unless samples are driven to the laboratory, an EPA employee
will accompany shipping container to the transport carrier
and, if required, open outside container(s) for freight
inspection.
*Using "Poisonous" does not convey the certain knowledge that a sample is
in fact poisonous, or how poisonous, but is intended to prescribe the class
of packaging in order to comply with DOT regulations.
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APPENDIX 5
SAMPLING PROCEDURES
Containers (drums, tanks, etc.) should only be sampled when necessary
to meet enforcement or cleanup requirements. Opening drums or other sealed
containers may be hazardous to sampling personnel unless proper safety
procedures are followed. Gases can be released, pressurized liquids can
be expelled, or explosions can occur. A drum should not be moved or
opened unless it can be ascertained beyond reasonable doubt that the drum
is structurally sound. Drums standing on end, with bung up, should be
opened by pneumatic impact wrench, operated from a remote site (Figure 5.1).
Drums on sides may be opened similarly if it is possible to safely rotate
the drum so that the bung is high. If the bung can be removed, sampling
contained liquids may be safel'y accomplished by glass tube, which is then
broken and discarded within the barrel. A barrel that has a badly rusted
bung, or that cannot be sampled as above, may be safely sampled with a
hydraulic penetrating device (Figure 5.2) operated remotely. The device is
then abandoned in place, and disabled to prevent further withdrawal of
liquids. Sealed or closed tanks should be opened remotely, using ropes to
lift hatches, etc.
In general, metal sample containers should not be used on HWS in-
vestigations and ES responses; if used, they must be grounded, preferably to
the drum or tank being sampled, while sample transfer is accomplished. In
all cases of entry into closed containers, the local fire departmnt should
be asked to stand by. In any case wherein presence of explosives is sus-
pected or known, Army EOD or police bomb squads should be requested to
remove or neutralize such materials. In no event may EPA employees handle
explosives encountered on sites.
Subsurface sampling of an HWS or ES can also create hazards to employees
and the public, unless adequate safety precautions as followed. Biodegrad-
ation of refuse in dumps produces methane and other explosive gases. The
escaping gases may be ignited by drill rigs or other ignition sources.
Drilling into dump sites may cause discarded incompatibles to be mixed and
thereby create reactive mixtures. Dump or spill sites where leachate plumes
are contained in impervious strata may be interconnected with producing aqui-
fers if drilling is not planned according to competent ground water tech-
nology and data.
Drilling in HWS investigations and ES responses should be confined to the
periphery of sites, with the objective of characterizing the leachate
that may be moving away from the site. If subsurface sampling of dump
sites is necessary, excavation must be accomplished by hand, and with
sparkfree equipment.
C-78
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All drilling associated with HWS and ES activities must be accomplished
under the responsible supervision of a competent geohydrologist, ground
water geologist, geological engineer, or a person similarly qualified by
experience. Drilling must be preceded by sweeps with metal detectors,
and drilling must be limited to areas where the presence of buried drums
or tanks is not indicated. Test holes must be cased or plugged when
the activites is completed.
C-79
-------
FIGURE 5.1
K'-Af&'Z'&ite-
^".C;!";«^^^*A>-,-
f^^^^^f^^y^^&i
S*^," -A "> ^%--^^>»'*&i^V^V^^i~^,V-?i^''^*^^^^^"':-?'
•/^
Remote bung removal. Man in back-
ground, dressed in protective cloth-
ing, operates bung-removal equipment
on drum in foreground.
^^P^ffTOl^^^^
^SS.IiyWR- ^-.vv^^^.'sy
l^i^miJ^y^ -^^&
Equipment closeup.
III-8
(9/79)
i
1
.
Bung-removal equipment; drum
on end.
Remote bung-removal setup;
drum on side.
FIGURE 2. REMOTE REMOVAL OF BARREL BUNG
C-80
-------
FIGURE 5.2
III-?
(9/79)
Remote operation of penetrating
sampling device.
----t- •.
"^^.-.^' *':^
Drum attachment, connecting
tube, and hand-held activator.
r-i-«-£Vs-*'5^: ^:^-U-''r
':-^ -
Sampling device penetrating drum.
Remote sampling equipment.
FIGURE 3. REMOTE SAMPLING
C-81
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APPENDIX 6
DECONTAMINATION PROCEDURES
A. Introduction
The need for personnel decontamination can vary greatly. Operations
such as walking through an area may require only a simple controlled
undressing procedure and bagging of contaminated clothing. In oper-
ations in which extensive work is performed in a contaminated area,
cross contamination of protective clothing and equipment can occur.
In this case, a controlled undressing and bathing facility will be
needed.
For those situations in which gross contamination may occur, a
sophisticated personnel decontamination station, as illustrated in
Figure 6.1, should be established. It provides for a controlled
undressing and washing system that is designed to avoid transfer
of chemical contamination from protective clothing. The number of
stations can be adjusted to the protective clothing system being
used. All field personnel should shower as soon as possible after
leaving a contaminated area.
Full-decontamination of reusable suits is accomplished in two steps.
The first step is performed on-site using solutions selected beforehand
in consultation with chemists and lexicologists based on limited knowl-
edge of the hazardous materials on the site at the time (see Figure 6.2).
Usually an adequate decontamination solution consists only of water.
However, the decontamination solutions may be solutions of water and
detergents, water and chemical compounds designed to react with and
neutralize specific contaminents, or solvents. After cleansing, protec-
tive clothing is turned inside out, if feasible, and sealed in plastic
bags for return shipment. The second decontamination step is taken
later, after the contaminant has been latoratory-analyzed to determine
what decontamination reagents are most suitable for each case. This
second cleaning is then performed by personnel wearing disposable
protective clothing. Waste decontamination solution from the second
step should be treated as hazardous waste and disposed of accordingly.
B. Model for Decontamination Procedures-
Organization of the Personnel Decontamination Station (PDS)
Once the contamination zone and the clean zone have been established,
the PDS is set up.
1. Layout of the PDS
An example of a PDS is shown in Figure C-l and is as follows:
STATION A - A plastic ground sheet on which field equipment is
dropped by returning members team.
C-82
-------
STATION B - A wash tub filled with a decontamination solution
- A second wash tub filled with rinse solution
- A third wash tub filled with decontamination solution
- A fourth wash tub filled with rinse solution
- Each wash tub should be equipped with a large sponge
and brush
STATION C - A bench or stool for personnel to sit on during removal
of booties
- A ten (10) gallon pail with plastic liner where dispos-
able boot covers are discarded
<
STATION D - Two ten (10) gallon buckets filled with decontamination
solution
STATION E - A ten (10) gallon bucket filled with rinse solution
STATION F - A 32 gallon trash can with plastic liner (container for
rubber items)
STATION G - 30 meters upwind from Station F
- A plastic ground sheet for SCBA drop
STATION H - A bench or stool for personnel
- A 32 gallon trash can with plastic liner (container for
cloth items)
STATION I - A field shower set-up
STATION J - A redressing and first aid station. This station defines
the boundary between the Contamination Control Area and
the Clean Area
c-83
-------
TYPICAL LAYOUT OF THE PDS
(LEVEL A PROTECTION)
WIND DIRECTION
20"
o
oo
EQUIPMENT
DROP
"»>
^
^^^^"^ ^**"
20°-^
PLASTIC
SHEET
31
l_ 1
TANK CHANGE OVER POINT
, B ij C D E
DECON
OUTER
GARMENT
GO
SOL A RINSE
fo©
SOL B RINSE
REMOVE
BOOT
COVERS
I (
b
DECON
BOOTS
AND
GLOVES
RINSE
BOOTS
AND
GLOVES
i -
/\/\ ^
o+e . b
0 CAN SOL A SOL B WATER
I1 (10 GALLON) (10 GALLON)
F
REMOVE
BOOTS
. AND
OUTER
GARMENTS
b
CAN
(32 GALLON)
AD CM IT •»nulc^r.a CCPAH ATIHM niCTAMPP —
(WASH
TUBS)
*
G HI
r
REMOVE
SCBA
REMOVE
INNER
GLOVES,
SOCKS. AND
COTTON
CLOTHES
FIELD
SHOWER
j
^
REDRESS
FIRST
AID
PLASTIC
SHEET
b
\
FIELD
EXPEDIENT
CAN
(32 GALLON)
FIGURE C-l
-------
III-5
(9/79)
FIGURE 6.2
, . •.Trrsrss**'." v-=u^, .-..^....j^vr 75"-^" ^:^SSPSV?->^
FIGURE 1. ON-SITE DECONTAMINATION OF PROTECTIVE CLOTHING
C-85
-------
FIRST AID
GENERAL
First aid is generally defined as the immediate and temporary care given
the victim of an accident or sudden illness until the services of a physician
can be obtained. Common sense and a few simple rules are the keys to effective
first aid.
The first objective is to save life by:
o Ensuring an open airway and maintaining breathing.
o Preventing heavy loss of blood.
o Giving first aid for poisoning.
o Preventing or reducing shock.
o Preventing further injury.
o Sending for medical aid.
The first-aider should also:
o Avoid panic.
o Inspire confidence.
o Do no more than necessary until professional help arrives.
HEAVY BLEEDING
A victim who has profuse bleeding may die within one minute or less,
therefore:
o DO NOT WASTE TIME.
o USE PRESSURE DIRECTLY OVER THE WOUND.
o Place a pad, clean handkerchief, clean cloth, etc., directly
over the wound and press firmly with one or both of your hands.
If a pad or bandage is not available, close the wound with your
hand or fingers.
C-86
-------
o Hold the pad firmly in place with a strong bandage, necktie,
strips of cloth, etc. Unless bones arc broken, raise the bleed-
ing part higher than the rest of the body.
o Keep the victim lying down.
o Keep the victim warm to prevent loss of body heat. Cover with
blankets, coat, or anything available and put something under him
if he is on a cold or damp surface. Do not add heat.
o Give fluids only if victim does not have head or abdominal inju-
ries, probably will not require surgery, and professional help
will be more than one hour arriving. If the victim is conscious
and can swallow, give him plenty of liquids to drink. Give him
sips and do not give stimulants.
o Call a physician.
o APPLY PRESSURE TO PRESSURE POINTS. If direct pressure and
elevation do not stop the bleeding apply pressure to pressure
points in the body to slow down or stop the flow of blood.
(Pressure points are where an artery is close to the bony
structure of the body and can be restricted by pressure
on the artery against the bone.)
o Use a tourniquet only if victim is bleeding profusely and other
methods have failed and the victim's life is in danger.
o DO NOT give the victim alcoholic drinks.
o If the victim is UNCONSCIOUS or if abdominal injury is suspected,
DO NOT give him fluids.
BREATHING STOPPED
A person who has stopped breathing will die if breathing is not restored
immediately.
If breathing is restored, victims who had stopped breathing need hos-
pitalization.
The following are major factors in breathing stoppage.
Poisonous gases in the air or lack of oxygen
O Move victim to fresh air.
o Begin mouth-to-mouth breathing.
o Control the source of poisonous gases, if possible.
o Keep others away from area.
o DO NOT enter an enclosed area to rescue an unconscious victim without
first being equipped with a self-contained or air-supplied breathing
apparatus.
2.
C-87
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Electric shock
o If electrical hazard persists-. Indoors, open main electrical breaker
if appropriate individual breaker cannot bo immediately identified;
outdoors, contact pov.-er company to turn current off.
O DO NOT TO'JCi-I the vicci.Ti vntil 'r.c is separated from the current.
o Begin mouth-to-inouth re5-js»cititio:i or cardiopulmonary resuscitation,
if needed r.nr» if trainco in thir. technique, as soon as the victim is
free of contact with tlifc curiv...-.
o DO NOT try to remove a person fron an out-of-doors wire unless you
have had special training for nl.io type of rescue work.
Heart attack
Laryngeal obstruction
Accident or drowning
VThen breathing movements stop or lips, tongue, and fingernails become
blue, there is need for help with breathing.
When in doubt, bsgin artificial respiration. No harm can result from
its use. Delay may cost the victim his life.
ARTIFICIAL RESPIRATION
General
o Seconds count. Start immediately.
o Remove any obvious obstruction from mouth and throat.
o Place victim in appropriate position and begin artificial respiration.
o Maintain steady rhythm of 12 breaths per minute.
»
o Maintain an open airway and periodically check the victim. Be ready
to resume artificial respiration if necessary.
o Call a physician.
o DO NOT move the victim unless absolutely necessary to remove from
danger.
o DO NOT wait or look for help.
o DO NOT stop to loosen clothing or warm the victim.
O DO NOT GIVE UP.
3.
C-88
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Mouth-to-raouth breathing for adults
o Place victim in supine position (on back).
o Tilt victim's head back by pressing on his forehead with your other
hand.
o Place your check and ear over the victim's nose and mouth, looking at
his chest. Look, listen and feel for breathing for about 5 seconds.
o Pinch the victim's nose shut with the thumb and forefinger of the
hand on victim's forehead. Take a deep breath and place your mouth
over the victim's mouth or nose making a leak-proof seal.
o Blow your breath into the victim's mouth or nose until you see the
chest rise; repeat these breaths 4 times in rapid succession without
allowing the lungs tp fully deflate between breaths.
o Maintain the head tilt and again check the victim for breathing for
approximately 5 seconds.
o Remove your mouth and let the victim exhale while you take another
deep breath. As soon as you hear the victim breathe out, replace your
mouth over his mouth or nose and repeat the procedure.
o Repeat this procedure of giving one breath, turning to look, listen
and feel for return of air, and blowing again, once every five seconds
(12 times per minute).
Manual method of artificial respiration
o Place victim in a face-up position but allow his head to turn to the
side to avoid aspiration.
o Place something under the victim's shoulders to raise them to allow
the head to drop backward.
o ^ Kneel above victim's head, facing the victim.
o Grasp victim's arm at the wrists, crossing and pressing victim's
wrists against the lower chest.
o Immediately, pull arras* upward, outward, and backward as far as
possible.
o Repeat 15 times per minute.
o If a second person is present, he should hold the victim's head so
that it tilts backward and the jaw juts forward.
o This method should be used when mouth-to-mouth resuscitation is ad-
vised against.
4.
C-89
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Cardiopulmonary resuscitation
Heart-lung resuscitation is an emergency procedure which requires the
ability to recognize a cardiac arrest and special training in its performance.
All training programs should adhere to the standards put forth in JAMA "Sup-
plement on Standards for CarcUopulivorsry Resuscitation (CPR) and Emergency
Cardiac Care (ECC)". 18 February 1974, Volume 227, Number 7. Information
provided here on cardiopulncnary resuscitation is not designed to supplant a
complete course of instruction und.'-r direction of a qualified instructor.
Such instruction is strongly reccn?:.f-,:.lcd for all personnel who must respond to
hazardous materials spill sites.
Emergency cardiopulmonary resuscitation involves the following steps:
o Airway opened.
o Breathing restored.
o Circulation res-tored.
External cardiac compression should be started after providing four quick
breaths and checking for pulse and breathing. If apnea (breathing stoppage)
persists, and there is unconsciousness, death-like appearance and absence of
carotid pulse, external cardiac compression should be started.
External cardiac compression consists of the application of rhythmic
pressure over the lower half of the sternum.• This compresses the heart and
produces artificial circulation because the heart lies almost in the middle of
the chest between the lower stermm and the spine.
External cardiac compression should always be accompanied by artificial
respiration. To be effective it requires sufficient pressure to depress the
victim's lower sternum 1-1/2 to 2 inches (3.8 to 5.1 centimeters) in an
adult; the rate should be once a second. Considerably less effort will be
required to achieve such depression in a child. The victim should be on his
back on a firm surface. The rescuer stations himself at the side of the
patient and places only the heel of one hand over the lower half of the ster-
num. He then places his other hand on top of the first one and rocks forward
so that his shoulders are almost directly above the patient's chest. Keeping
the arms straight and elbows locked, he exerts adequate pressure almost verti-
cally downward. The preferred rate of 60 per minute is usually rapid enough
to maintain blood flow and slow enough to allow cardiac refill. The com-
pressions should be regularT smooth, and uninterrupted, with compression and
relaxation being of equal duration. Under no circumstances should compression
be interrupted for more than 5 seconds.
When there are two rescuers, optimum ventilation and circulation are
achieved by quickly interposing one inflation after five chest compressions
without any pause in compressions (5:1 ratio). Every interruption in cardiac
compression results in a drop of blood pressure to zero. One rescuer performs
external cardiac compression while the other one keeps the patient's head
tilted back and continues ventilation. When there is only one rescuer he must
5.
C-90
-------
perform both artificial respiration and artificial circulation using a 15:2
ratio; two quick lung inflations after every 15 chest compressions. Periodic
palpation of the carotid pulse should be employed to check the effectiveness
of external cardiac compressions or the return of a spontaneous heartbeat.
Complications occurring from the use of cardiopulmonary resuscitation may
include fracture of the ribs and sternum, laceration of the liver, and fat
emboli.
Several rules to follow are:
o Never compress over the xiphoid- process, the lower tip of the
sternum. It extends down'over the abdomen and pressure on it may
cause a dangerous laceration of the liver.
o Never let the fingers touch the patient's ribs when compressing.
Keep just the heel of the hand in the middle of the victim's
chest over the "lower half of his sternum.
o Never use sudden or jerking movements to compress the chest.
o Never compress the chest and abdomen simultaneously. This traps
the liver and may cause it to rupture.
SHOCK
Severe injury or emotional upset is usually followed by shock. It can
also follow infection, pain, disturbance of circulation from bleeding, stroke,
heart attack, heat exhaustion, food or chemical poisoning, extensive burns,
etc. The following information pertains to traumatic, injury-related shock
rather than to emotional shock, per se.
The signs of shock include:
o Cold and clammy skin with beads of perspiration on the forehead and
palms of hands.
O' Pale face, weakness, dilated pupils, and weak, rapid pulse.
o Complaint by the victim of feeling cold, or even shaking chills.
o Frequent nausea or vomiting.
o Shallow breathing.
To prevent shock;
o If possible, correct cause of shock (e.g., control bleeding).
o Keep victim lying down.
o.
C-91
-------
o Keep the airvay open. J*f victim is vomiting, turn his head to the
side so that the neck is arched.
o Keep victim warm if weather is cold or damp.
o Give fluids only if victim does not have head or abdominal injuries,
probably will not require surgery, £.nd professional help will be more
than one hour arriving. Give hir-, sips and do not give stimulants,
A suggested formula is one pinch baking soda and two pinches salt per
glass (10 02.) of water.
o Reassure victim.
o NEVER give alcoholic beverctges.
o DO NOT give fluids to unconscious or semiconscious persons.
O PREVENTION OF SHOCK SHOULD BE CONSIDERED WITH EVERY INJURY.
POISONING
Before medical aid ^s_ available, the following should be done.
SPEED IS_ ESSENTIAL;
»
o Act before the body has time to absorb the poison.
o When medical aid is available, give physician all possible knowledge
available on the poison.
The nature of_ the poison will determine the first aid measure to use;
Swallowed poisons
o If victim is conscious, give water or milk immediately.
DO NOT INDUCE VOMITING (except on the advice of doctor or Poison Control
Center):
»
o If the victim is unconscious,
o Is in convulsions,
o Is known to have swallowed a petroleum product (kerosene, gasoline,
lighter fluid), toilet bowl cleaner, rust remover, drain cleaner, lye,
acids for personal or household use, iodine, styptic pencil, washing
soda, ammonia water, or household bleach, or has symptoms of severe
pain, or a burning sensation in mouth or throat.
G-92
-------
DO NOT INDUCE VOMITING if*"do not induce vomiting" is indicated in the
first aid segment of the chemical data sheets.
•
o Information on labels may be incorrect; contact physician or Poison
Control Center immediately for proper advice.
o Call for medical aid immediately.
o Begin mouth-to-mouth resuscitation if the victim has difficulty
breathing.
o If safe (see above), induce vomiting.
o Induce vomiting by use of 10 grams salt in 200 cc of warm water
(2 teaspoonfuls in a glass of warm water) or use 30 cc's or one ounce
of syrup of ipecac.
o When vomiting begins, place the victim face down with head lower than
hips. This prevents vomitus from entering the airways and causing
further damage.
Inhaled poisons
o Assist or carry victim to fresh air immediately.
o Apply artificial respiration if breathing has stopped or is irregular.
o Call physician.
o Treat for shock.
o Keep victim as quiet as possible.
o DO NOT give alcohol in any form.
o DO NOT become a victim by exposure to the same poison.
o Rescuer should employ appropriate protective clothing and breathing
apparatus until clear of hazard.
EVES
First aid for chemicals In the eyes is the immediate washing of the eyes
with large quantities of water. Hold the eyelids open and roll the eye while
irrigating with water. Emphasis should be placed on the amount of water, the
speed with which it is applied, amd washing the eye "from the inside outward".
Eyes should be washed for at least 10 minutes. A delay of_ 30^ seconds can mean
the difference between no injury to the eye and permanent loss of vision.
Sr
C-93
-------
Chemical burns to the eyes ican be aggravated by contact lenses. Chemicals
spilled in the eyes tend to accumulate under contact lenses. In addition, for
proper irrigation, contact lenses need to be removed. It is advisable not to
wear contact lenses at a spill site.
In cases of alkaline or acid chemicals in the eyes, irrigation with
neutralizing agents should not be used as first-aid treatment. Acids in
contact with the cornea will react with protein to form an insoluble barrier.
This barrier prevents penetration of the acid into the eye. An alkaline
solution does not form this barrier and is free to soak deep into the eye. If
this happens with an alkaline solution and an acid neutralizing agent is used,
the alkaline solution will be trapped under the insoluble barrier formed by
the acid-protein reaction. This will prevent the leaching out of the alkaline
solution by irrigation.
Most serious chemical injuries to eyes can be avoided by quickly and
properly washing the eyes with large amounts of water.
BURNS
General
o Burns can result from heat (thermal burns) or from chemicals (chemical
burns).
o Shock can complicate every type of burn,
o A person with "burn shock" may die unless he receives immediate first
aid.
o In "burn shock" the liquid part of the blood is sent by the body into
the burned areas. There may not be enough blood volume left to keep
the brain, heart, and other organs functioning normally.
o All burns should be seen by a physician or nurse.
Objectives of first aid care for burns are to;
o 'Prevent and treat shock.
o Prevent contamination.
o Control pain.
Extensive thermal burns
o Place the cleanest available cloth material over all burned body areas
to exclude air. Covering for burns should be a clean, thick, dry
dressing. Clean newspaper can be substituted if no clean cloth is
available.
?' 9.
C-94
-------
o Have victim lie down.
o Call physician.
o Place victim's head and chest a little lower than the rest of the
body. Elevate the legs slightly if possible.
o If the victim is conscious and can swallow, give him plenty of non-
alcoholic liquids x.o drink (water, tea, coffee, dilute salt solution).
o Move to hospital immediately.
Small thermal burns
o If SKIN IS NOT BROKEN, immerse burned part in clean, cold water to
relieve pain-, reduce inflamination. Do not apply ice directly to the
skin.
o Soak a sterile gauze-pad or clean cloth in baking soda solution:
2 tablespoonfuls baking soda (sodium bicarbonate) to 1 quart of luke-
warm water.
o Place pad over burn and bandage it loosely.
o DO NOT disturb or open blisters.
Chemical burns
o Immediately flush with water; speed in washing is most important in
reducing the extent of injury.
o Flush affected area with plenty of water.
o Remove all contaminated clothing and shoes.
o Place the cleanest available material over the burned area.
o Treat for shock.
o ' If the burned area is extensive, have victim lie down.
o Keep him down until medical aid is available.
o Place his chest and head a Jittle lower than the rest of the body
(raise the legs slightly if possible).
o Maintain an open airway.
o If he is conscious and can swallow, give him plenty of non-alcoholic
liquids to drink.
10.
C-95
-------
o DO NOT APPLY OINTMENTS, greases, baking soda, or other substances to
extensive burns.
ENVIRONMENTAL TEMPERATURE EXTREMES
Heat exhaustion
SYMPTOMS:
o Pale and clammy skin.
o Pulse rapid and weak.
o Victim complains of weakness, headache, or nausea.
o Victim may have cramps in abdomen or limbs.
FIRST AID:
o Have victim lie down with his head level with or lower than his body.
o Move victim to a cool place, but protect him from chilling.
o Give the victim salt water (1 teaspoonful salt to 1 quart water) to
drink if_ he_ is_ conscious.
o Loosen tight clothing.
o Call for medical aid.
Heat stroke
SYMPTOMS:
o Flushed and hot skin.
o Pulse rapid and strong.
o Victim often is unconscious.
r
FIRST AID:
o Call for medical aid.
o Cool body by sponging it with cold water or by cold applications.
o If. the victim i£ fully conscious and can swallow, give him salt water
(1 teaspoonful salt to 1 quart water).
o DO NOT give alcohol in any form.
11.
C-96
-------
Frostbite
SYMPTOMS:
o Skin' color changes to white or greyish-yellow as frostbite develops.
o Initial pain which quickly subsides.
o Victim feels cold and numb; he usually is not aware of frostbite.
FIRST AID:
o Cover the frostbitten part with a warm hand or woolen material.
o If fingers or hand are frostbitten, have victim hold his hand in his
armpit, next to his body.
o Bring victim inside as soon as possible.
o Place frostbitten part in warm water, about 42 C. (108 F.).
o Gently wrap the part in blankets if warm water is not available or is
impractical to use.
o Let circulation reestablish itself naturally.
o When the part is warmed, encourage the victim to exercise fingers and
toes.
o Give victim a warm, sweet, non-alcoholic drink.
o DO NOT RUB with snow or ice. DO NOT USE HOT WATER, hot water
bottles, or heat lamps over the frostbitten area.
MOVING THE INJURED
General
Do not move an injured person until an experienced crew arrives, unless
there is real danger of his receiving further injury by remaining at accident
site.
Control bleeding if possible, maintain breathing, and immobilize all
suspected fracture sites before moving.
Treat for shock.
Pulling the victim to safety
Pull the victim head first or feet first, not sideways.
BE SURE HEAD IS PROTECTED.
12.
C-97
-------
Lifting the victim to safety
If he must be lifted before a check for injuries can be made, every part
of the body should be supported. The body should be kept in a straight line
and should not be bent. Once victim is lifted, the lifter is responsible for
the victim's safe return to the ground/floor.
Exercise care in the approach of any "downed" co-worker or bystander
victim. Rapid action may be called for, but hasty and careless intervention
may lead to additional injury or loss of life, avoidable if a few moments are
taken to assess the immediacy and severity of the situation. Once again, the
exercise of careful, informed judgement and plain common sense is the most
important safeguard of personnel health.
13.
C-98
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-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
21 BAR BSD
Setting Priorities for Activities Relative to Hazardous Waste Sites
1+
Kenneth Z. Biglane, Director
Oil & Special Materials Control Division (WH-548)
.
Douglas MacMillanJ Acting Director
Hazardous Waste Enforcement Task Force (EN-335)
To: Regional Hazardous Waste Coordinators
Draft site prioritization criteria were distributed and discussed
in August 1979 as part of the first round of Regional/Headquarters
meetings on the Hazardous Waste Site Enforcement and Response System.
Clearly, as the number of sites on Regional investigation lists grows
the issue of risk assessment and prioritization becomes increasingly
important.
Since the development of the first set of criteria, a somewhat mere
sophisticated approach has been developed with contractor assistance.
Earlier drafts of this new approach have been reviewed with generally
positive ratings by representatives of Regions I, II, and IV and the
States of Connecticut and New Jersey.
We recommend that Regions quickly begin to use the attached hazard
evaluation system to determine which sites should receive immediate
attention. In attempting to determine those sites mosc likely to
present serious hazards to the public or the environment, the system
reflects the fact that decisions must sometimes be made on the basis
of limited information. We recommend that sites be rated using this
method after both the preliminary assessment and site inspection
phases of investigations. (Once a site has been fully inspected and
the extent of the problem has been well defined, it is obviously
necessary to reassess priorities for enforcement or response
activities. )
Given the variety of problems which might occur, it is often
difficult to objectively compare the danger or harm found at one
site with that of another. To some degree the attached ranking
system will aid in comparing severity of problems, since concerns
regarding public health or sensitivity of the environment are built
into the weighing of the various factors. Thus, the ranking system
should be employed setting enforcement and response priorities.
However, other factors such as immediacy of the threat, probability
of a successful outcome, anticipated costs, and the level of public
concern must also be considered.
e PA F°'.-n 13:0-4 (Rev. 3-76) D-l
-------
-2-
We encourage you,, to put this method into immediate use and suggest
that you compare the resulting rating scores to your own professional
iudgrr.ents regarding the relative severity of problems as verification
of this method. Any comments regarding shortcomings or the value of
the rating system will be appreciated. These may be communicated to
either Steve Caldwell, OSZ4CD, 245-3051 cr Mike Kilpatrick, HWETF,
472-3500.
Attachments
D-2
-------
METHOD FOR RATING RISKS AT HAZARDOUS WASTE SITES
INTRODUCTION
This document describes a method for evaluating the relative risks
to the public or environment posed by various hazardous waste sites.*
The nethod takes into account risks which include fires and explosions,
direct human exposure to dangerous substances, and contamination of
air, land, waters, or the food chain. The method presented for
evaluating such risks is to assign numerical scores to a series of
rating factors describing the wastes, waste management practices,
potential pathways or routes of discharge, and the site environs which
could be affected. The method is designed to give a single numerical
score, thus allowing comparison among sites under consideration for
investigative work or response activities.
Included in the document is a set of scoring forms, instructions,
tables describing scoring criteria, and examples based on case
histories.
GENERAL CONSIDERATIONS
The critical element in the risk evaluation method is the score
assigned for each rating factor (see number 1 below). Very specific
criteria for assigning scores are given. Since the method is designed
for use when only limited information is available, these criteria will
not be applicable for all factors at all sites evaluated. Where some
information is available, although inadequate to fully characterize the
factor considered, one's best professional judgment should be exercised
in assigning a score. If no reliable information is available, the
factor may either be ignored or a conservative assumption may be made.
A conservative assumption in this case raeans assuming a worst case
scenario (e.g. , assume an unknown waste is extremely dangerous). The
scorer must also use best professional judgment in deciding if the
number of unknown factors is large enough to render the final score
invalid.
INSTRUCTIONS
1. Assign Values to Each Rating Factor - Using the scoring fona
on the following pages, assign a score from 0 to 3 for each rating
factor. Sources of information and criteria for assigning scores are
given in Table I. For example, assume that in the site under
consideration, phenols are the most toxic substance reported in
significant amounts. Table I indicates that the Sax's Dangerous
Properties of Industrial Materials should be consulted. Sax assigns a
toxicity rating of "3" for phenols; thus, according to Table I a score
of 3 should be given for toxicity. Continuing with " ignitabi lity"
assign scores to all data elements where sufficient information is
* K o r a that this method is not currently applicable to
incine ra tors.
D-3
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available to form a judgment. If no information is available (*•>§••
deorh to bedrock is unknown; no surveys have been conducted in the
vicinity of the site) leave that section blank. Do not assign scores
to "additional points" at this time.
2 Mi.lElolv by Assigned Weights - Each rating factor has an
,ssioned weight representing its relative importance. These are given
"he "multiplier" column of the scoring form. Multiply each rating
factor score by its assigned weight to obtain the "site score for that
rating factor. For example, since phenols are believed present, a
score'of 3 vas assigned to toxicity. The multiplier for tox city is_
"7" Thus the site score for toxicity in the example is (3) X
-------
RATING FOR i".
i .-s s Or SITE
) C A T I 0 N
OR HASTE DISPOSAL SITES
___ ACTIVE: INACTIVE (CIRCLE Of.1;)
.1 E 3 / 0 ? E 3 A T 0 R
„ T : .. G
= i C T 0 °
JSOURC'E AND BASIS
n r I _'l__g__O o M • T *^* -T^r-ai
SITE
9 * T 1 H G
njLTIPLlE-t
SITE
S C 0
HAXIMM
PCSSIS'J;
si-= e-
MnECCnMIOCI
•-1WITY 0" hAZAROOUS HASTES
TCXiClTY
RA21CAC7IV1TY
IG.NITA3ILITY
REACTIVITY
VtTY
FsCTlCJSf.'ESS
SOLU3ILITY
STATE
TOTALS
=£OIT10fiy. POINTS FOR LAr.G£
? n
OOITIOfAL POINTS FOR OThES
POPUlAriOH IN 1,000 FEET !
i " '
ISTA.-CE TO NEWEST CR1NKINS-
W.TE3 WEU.
aiSTA-'CS TO NEAREST CFr-SITE
suiLOirc
ZOUI.'fi/LA'O USE
ETCATfiERED SPEC'ES CR
a s
T
1 2
8
8
6
5
0 T A L S
-COITIO-JS.L POINTS PCS OTHER
r- T.- -;sj
D-5
3 0
-------
- s V J » e
£YI==NCS Cr CCNTAMl'.ATtCri
3i57A.'::E TO MV-37 SL"ACE
KATE3
!£?TH T3 G30UahATs3
SGiL r£.=^EA5tL!TY
NET PRECIPITATION
SETTH 70 SE*OC<
SSfCC< eE=."E«!LITY
T
1 2
8
7
6
6
4
,
0 T A L S
TOTAL ADDITIONAL POINTS.
PERCENTAGE OF HISS IMG OR
ASSUf.ED VALUES =
TOTAL SCORE
(SITE SCORES PLUS ADDITIONAL POINTS)
TOTAL MAXIMUM FOSSI2LE SITE SCORE
2 0
SITE SEORITY -
I'JCOPATiSLE WASTES
R.VT10 C? KAZAAMUS 70 l^tt-
nAcA%3C\JS ViASTE CUA.'«i!7IES
SE A.'3 CaOITIOJ Ce CCf.TAINESS
; Cr LEAOV.7E COLLiCTIC-N SYSTET
USE OF L1ISSS
,03i7IC'^L POIfrS FCfi OTH.ES
8
5
5
4
n
4
TOTALS
2'0
NUMBER CF MISSING OR ASSUMED TOTAL SITE SCOPES .
NORMALIZED
(TOTAL SCORE DIVIDED 3Y MAXIKUM SCORE A.'IB "lULT|oL|ED BY ICG)
PRE=ARED 3Y:
D-6
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7A2L£ i_ '^7::.
SCALiS U.D SC!.?CiS OF I:* FOP-TAT ICS Toil LAC3
OF ~aL RATING r ACTORS
UT::>C -AC7G3
sou-Lei or ::;?o«AT!3:(
0 I
SAT
INC 5CA1Z
3
--•A5Tr CHAMC7S«STICS
1.
Quantity jf ° u=e
-lazardoud
.asces Weigr.e
Toxic icy '
Irvforaacisa derived
frso local sources
lazardeus Properties of
Industrial "acerlals by
S. I. Sax
National Fire Protection
Association's Gui:e on
Xaaarcous "acerials
Xesiscrv of "eric Effects
of Chaiiial Suastar.ces
Leas c.nan 299 3GO co
c-isie yaros c-jblc
Less Chan 210 251 co
COO3 C323
1139
yards
1000
Sax's level 0 Sax's level 1
or XrPA's level 0 or SFPA's
levU 1
1130 co 2370
cuolc yards
1C01 co 2300
cons
Sax's level 2
or N??A's
level 2
Creacer cl-an 2370
cubic yards
Creacer eS-an 2SGO
coss
Sax's level 3 or
NF?A's levels 3
or t
Farcicion Coe'ficiencs (see
"?arti:icr. Csefficior.cs and
3ioacf^2ulacicr. of Selecced
Organic Chcaicals",
inv.r3rj:e''.;al Selarce ana
78C.-.-'O-3g'. Vol II. SO. 5,
•Hay 1577, p. 475.)
Scientific Jua;e=e=c
Soc persistent
psrsiscenc
Saciaacc-.-icy
ISaiCiDility 3
3
Corrosivlcy
Inieccisusr.eas
Soluollity 4
Volatility *
loiorsaticn derive: fron local
sources
:;r?A Guide
Lanz's -accbooit c- Chesiscrv
V7»A Cuid,
Proposed .-C?A Regulations,
Decerser 13, 1'73.
Inforaacion derived ::oa local
sources
In;or=aci=n deriveo :r=a local
sources
CSC -ianorooit of Che=lscrv a-.d
Physics
Lass's ua-dboo'< of Cheaiscrv
Merck tr.dex
Handbook of invxron-sencal Data
on Orzanic Clericals
CSC -andbook 3f Cne=iscr-r and
Phvsics
Laic's Handbook of Chesiscry
Hancaook o: r-vlronrental Oata
an Orear.i: C.-.e=i:als
Flss.i point of
greater Chan
200°: sr Sf?A's
level 0
S7?A's level 0
pri of 6 co 9
N'oc Infectious
Cnsoluoie
Vapor pressure
less than 0.1 ra
Hg
—
Flash polr.c of
H0a? co 200°?
or ';F?A'S
level 1
.sr?A's level I
pri of S co 6
or 10 co 11
—
Sllgncly
soluble
Vapor pressure
of 0.1 co 25
= Hg
—
rlasn soi=e
of 30°F co
liO F or
N'FPA's
level 2
m
SF?A's level
pri of 3 CO 4
or 11 co 12
—
Soluole
Vasor
pressure of
25 co 73
Veil above sacl>-
grouad
Flasn point lass
Chan. 83°: or SF?\'s
levels 3 or 1
2 NFPA's Ic.-els 3 or -
pri of 1 co 3 or
12 co l&
Hlgbl/ Infect uus
Very loluole
Vaoor pressure
greater c.'-an
78 ca Kg
Physical Scaca
Incarsacion derived fros local
sources
Solid
Gas
D-7
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?.\7l!*G r ^CTCR
j».. S ^
SAT:
i
:a:lacal
eavirsr^ier.tal groups
State ar.d local eivironaental
groups
U.S. risa aad -Uldlife S«r.'ise
State deoartaer.ts of Fish and
Ga=e
-
1 to 3 alles'
1 to 2 ailes
Agriculcurai
1 co 2S Greater t.-an IS
3001 feec 0 -a :000 feec
to 1 aile
1001 feec to 0 co 1000 f«et
1 alle
Cc-sercial or ^esicentiai
industrial
— Y«s
PATHWAYS
-•.-id etc e of
ua-.;a=iaati-n
3ista-.ce ta '.'earesc
Surface .,acer
Deota to Ccouao,
•acer
Soil ?ar=eaDiiicy
lee Precipitation 3
Ir.£cr=atioa serived fron local So evidence of
sour:es coataairatioa
OSC3 :o3o;rasnic saps or Greater tnan
reports 5 ailea
yaps aad reports :roa state or
local Hig--ay 3eaartaencs or
:r:= universities or state
geolo;i:al surveys
L'SGS -.ater supoly paoers. Greater than
jround -acer aulletias and 100 feec
geologic reports
Local i.ell drillers, vaeer
suppliers, universities
(geology separt=ents) , and
residents
'.'S3A Soil Conservation Service Greater cr&n 50*
county aaps reports clay (clay soils)
L'SCS soil aaps and reports
NOAA a-.=jal •.eac'ier s^aaaries Less than -10
General precipitation and inches
Indirect
evidence
of coatasi-
sation (e. g. ,
suspicious
dead /e;e-
tacion
1 to S ailes
51 to 100 feec
30 to SOZ clay
(aosc clay
loans, silcy
clay loons,
siicy clays,
and sandy
clay3)
-10 to -5
l.-.cnes
Positive Positive proo:
proof of (i.e., creaicil
coctaair.acion analysis) a:
ac any level conta=i-jtiai at
or direct ,-.i;r. levels
evider.fe of
(e.g., cheai-
cal eaers)
1000 feet to 0 co 1000 feec
1 aile
21 to 50 feet Less thaa 20 feet
IS to 30* Less than 15* clav
clay (aosc (cose sandy loans.
Loans and silty loans, sands
sardy clay and silts)
loans)
*S "a "19 Greater t'-.an ^10
inches inches
evaaotrsnsairacian =acs
D-8
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7.A7INC -ACTC3
Depth co 3esr3Cic
3edrac!& Peraeabilicy
SOU'.Ci 3? [:.'fC3.u-MIOS
I'SDA Soil Cooservatioa
Service causey saps aed
repor:s
L'SCS sail =aps aad reports
1 Ci'SCS water supply saoers,
geologic reports
Local veil drillers, .-ate;
suppliers, uaiversieias
(geology depar:=enca) , and
resicecu
0
Greater c.ka,a SO
feet
I=pemeable
(e.g., ucfractured
shales, evaoorices
or cryscalliie
rociu)
SATING SCALI
31 to 60 fiat
Relatively
(e.g., un-
fraetured.
rairly--.eli
ceaeated
clascic
racks)
11 co 33 :eec 0 to 10 ceec
Relatively Very ?er=eable
per=eaole (e.g., carbonates,
(.e.g., well-fract.red
zoderacaly clascic rocics)
cenentes,
•-nfraet-ired.
clascic
rocks)
VASTS >UNACS!£:.T PlACTICZS
Sice Secjricy
?rsse=:e /Absence
CE laccsracibie
Wastes
?.acio e: rtasarc'cus
Vasce Quantities
Use a=d Caeeiiion
of «'as:e
i'se of ^eacnace
Gallic: ion 3vs:an
-se oc Li.-.ers
!=far=acion serived free local
!=:ar=a:iar. derivec frcn local
sources
lafcrracicn derived croc Iccal
sources
Is:'5r=acicr. derixed :r:a local
sources
Ir.fsrsacias derived froa local
sources
l.-.for=a:ica derived froo local
sources
Secure fence
No lnca=pacible
wastes are
presesc
Less t'lan 0.01
Containers are
used and appear
Co be la good
condition
Yes
Yes
Security
guard but
fence
?resent Due
soes not pose
a ia=ard
0.01 CO 0.25
Containers
are i.sea but
a feu are
leaning
~
—
3e=ote \'o barriers
location or
breachable
fesse
?reser.c ana Present and ?os.:g
=av pose a an L=;«ci2te -.azard
fucur* hazard
0.25 ca 0.50 0.50 co 1.0
Coccai-.ers ",y csr.cai.-ers are
are used sue used
ra-y are
leaking
So
So
1. 3asea or. a soecific gravity of 1.0
2. "Sax" refers Co Che bock "azardoua aroosseciatlan
». Sol-.ailicy, visor press-re. a.ie p-.ysical scace at 25° C
5. Annual preciplcacica iir.us acnt.al evapacraospiracion
D-9
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TA2LE 2 EXAMPLES Cr SITUATIONS THAT ^ECUIR-I ADD IT IO.\'a.L POINTS
/A 57 E C:-" ° ACT £?-1 S TIC S
o Substances r'lat are carcinogenic, teratacenic, or nutacenic
o An hf^h-level radioactive wastes
o Substances witn a very high bioeccurnu I at ion potential
o Priority pollutants
o Hazardous substance as defined by Sec. 311 of Clean Water Act
o Very large quantities of wastes
Quantity Additional Poinys
5,000 to 9,999 tons 5
10,000 to 19,999 tons 1
20,000 to 49,999 tons 12
50,000 to 74,999 tons 16
75,000 to 100,000 tons 20
over 100,000 tons 24
WASTE MANAGEMENT
o No training/safety measures for personnel
o Inadequate treatment systems for collected leachate
o Site abandonment
o No waste mapping or records
o Power lines near sites having explosive or flammable wastes
o Less than IS inches of cover over inactive landfills
o Less than 6 inches of daily cover
o Grading and surface water control
PATHWAYS
0 Open soiI srructures
o Erosion problems D-10
-------
o Slope stability problems
c Seis~,ic activity
c Severity of contanination, e.g., surface seeps on the site vs
ancnalously-high incidences of birth defects in families bordering
the site
o Surface impoundment used as an evaporation pond for volatile organics
RECEPTORS
o Use of site by nearby residents, especially children (for example,
a site nay be remote and/or fenced, but nay sti II be used
frequently by children as a play area or by adults with recreational
veh icles)
o Type-?of building nearby, (e.g., school vs warehouse)
o Presence cf najor surface water supplies or aquifers near the site
o Tyce of adjacent land use (e.g., dairy farms, rr.eat packing plants, muni
cipal water treatnent plant, etc. would cause extreme concern)
o Presence of economicaIly-rnportant, natural resources
D-ll
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0. WITNESS GUIDELINES
The role of a RCRA inspector may include serving as a witness in a RCRA
enforcement case which is brought to court. The following suggestions are
made to prospective witnesses in order to lessen the fears and apprehensions
which almost everyone has when first testifying before a board, a commission
OP a hearing officer or in a court. Even those who have testified previous-
ly encounter a certain anxiety when called for a repeat performance. When a
witness is properly prepared, both with regard to the subject matter of the
testimony and conduct on the witness stand, there should be little fear
about testifying.
It is of utmost importance that the witness be thoroughly prepared on
to the subject matter of his testimony. Only the witness can recall what
occurred in the field and why. Since many cases are tried substantially
after field activities are conducted, it is imperative that adequate docu-
mentation be originally prepared in order that a witness's memory may be
refreshed. A thorough and detailed review of all survey documents is the
only way prospective witnesses can be adequately prepared.
In order to assist witnesses on how they should conduct themselves, the
following suggestions are given.
The witness will be required to take an oath to tell nothing but the
truth. The important point is to remember that there are two ways to tell
the truth; one is in a halting, stumbling, hesitant manner, which makes the
board member, hearing officer, judge or jury doubt that the witness is
7/8/80 VII1-3 RCRA INSPECTION MANUAL
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telling all the facts in a truthful way; the otl confident,
straightforward manner, which inspires faith in whataid. It is
important that the witness testify in the latter ma;sist a wit-
ness in testifying in such a manner, a list of timits and aids
are provided below.
1. General Instructions for a Witness
As a witness in a case involving testimony concppearance of
an object, place, condition, etc., try to recoilectspecting the
object, place, condition, field notes and recordfin possible,
before the hearing or trial. While making such ar, close your
eyes and try to picture the item to recall, if he important
points of the testimony. Repeat the test until thor'iarized with
the features of the testimony to be given.
Before testifying, visit a court trial or boaind listen to
other witnesses testifying to become familiar withidings and to
understand some of the things that will come up fying. When
testifying, be present in sufficient time to heatfsses testify
before taking the witness chair. This, however, ms be possible
since, on occasion, witnesses are exlcuded from the
Listen to the questions and then answer calmtly in a sin-
cere manner. The facts should be well known so communicated.
Testimony in this manner applies to cross-examiOl as direct
examination.
7/8/80 VI11-4 RON MANUAL
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Wear neat, clean clothes when you are to testifying. Dress conserva-
tively.
Do not chew gum while testifying or taking an oath. Speak clearly and
'do not mumble. Smoking will not be permitted while testifying.
2. Direct Examination
In a discussion on administrative procedures, E. Barrett Prettyman,
Retired Chief Judge, U.S. Court of Appeals for the District of Columbia,
gave the following advice:
The best form of oral testimony is a series of short,
accurate, and complete statements of fact. Again, it is
to be emphasized that'the testimony will be read by the
finder of the facts, and that he/she will draw his/her
findings from what he/she reads Confused, discur-
sive, incomplete statements of fact do not yield satis-
factory findings.
During direct examination, stand upright when taking the oath. Pay
attention and say "I do" clearly. Do not slouch in the witness chair.
Do not memorize what is to be said as a witness. Prepare answers to
possible questions, but by all means do not memorize such answers. It is,
however, very important to become as familiar as possible with the facts on
which to testify.
During direct examination, elaborate and respond more fully than is
advisable during cross-examination. However, when testifying, do not ramble
and do not stray from the main point raised in your lawyer's questions. The
taking of testimony is a dialogue, not a monologue. If testimony concerns a
7/8/80 VII1-5 RCRA INSPECTION MANUAL
E-3
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specialized technical area, the Court or hearing board will find it easier
to understand if it is presented in the form of short answers to a logical
progression of questions. In addition, letting the lawyer control the
direction of testimony will help you avoid making remarks which are legally
objectionable or tactically unwise.
Be serious at all times. Avoid laughing and talking about the case in
the halls, restrooms or any place in the building where the hearing or trial
is being held.
While testifying, talk to the judge, hearing officer or jury. Look at
him/her or them most of the time, and speak frankly and openly as to any
friend or neighbor. Keep your hands away from your mouth. Speak clearly
and loudly enough so that anyone in the hearing room or courtroom can hear
easily. At all times make certain that the reporter taking the verbatim
record of testimony is able to hear and record what is actually said. The
case will be decided entirely on the words that are finally reported as
having been the testimony given at the hearing or trial. Always make sure
to give a complete statement in a complete sentence. Half statements or
incomplete sentences may convey thoughts in the context of the hearing, but
may be unintelligible when read from the cold record many months later.
3. Cross Examination
Concerning cross-examination, Judge Prettyman gives the following
advice to prospective witnesses: .
7/8/80 VIII-6 RCRA INSPECTION MANUAL
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Don't argue. Don't fence. Don't guess. Don't make
wisecracks. Don't take sides. Don't get irritated.
Think first, then speak. If you do not know the answer
but have an opinion or belief on the subject based on
information, say exactly that and let the hearing offi-
cer decide whether you shall or shall not give such
information as you have. If a "yes or no" answer to a
question is demanded but you think that a qualification
should be made to any such answer, give the "yes or no"
and at once request permission to explain your answer.
Don't worry about the effect an answer may have. Don't
worry about being bulldozed or embarrassed; counsel will
protect you. If you know the answer to a question,
state it as precisely and succinctly as you can. The
best protection against extensive cross-examination is
to be brief, absolutely accurate, and entirely calm.
The hearing officer, board, or member of a jury wants only the facts,
not hearsay, conclusions, or opinions. Testimony about what someone else
has told you will not be allowed.
Always be polite, even to the attorney for the opposing party.
iDo not be a smart aleck or a cocky witness. This will lose you the
respect and objectivity of the trier of the facts in the case.
Do not exaggerate or embroider testimony.
Stop instantly when the judge, hearing officer, or board member inter-
rupts or when the other attorney objects to what is said. Do not try to
sneak answers in.
Do not nod for a "yes" or "no" answer. Speak out clearly. The report-
er must hear an answer to record it.
7/8/80 VIII-7 RCRA INSPECTION MANUAL
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If the question is about distances or time and the answer is only an
estimate, be certain to state it is only an estimate.
Listen carefully to the question asked. No matter how nice the other
attorney may seem on cross-examination, he/she may be trying to hurt you as
a witness. Understand the question. Have ft repeated if necessary; then
give a thoughtful, considered answer. Do not give a snap answer without
thinking. Do not be rushed into answering, although, of course, it would
look bad to take so much time on each question that the board member, hear-
ing officer, or jury will think the answers are being made up.
Answer the question that is asked—not the question that you think the
examiner (particularly the cross-examiner) intended to ask. The printed
record shows only the question asked, not what was in the examiner's mind,
and a nonresponsive answer may be very detrimental to your side's case.
This situation exists when the witness thinks "I know what he/she is after
but he/she hasn't asked for it." Answer only what is asked.
Explain answers if necessary. This is better than a simple "yes" or
"no." Give an answer in your own words. If a question cannot be answered
truthfully with a "yes" or "no," you have a right to explain the answer.
Answer directly and simply the question asked and then stop. Never
volunteer information.
If by chance you answer was wrong, correct it immediately; if your
answer was not clear, clarify it immediately.
7/8/80 VII1-8 RCRA INSPECTION MANUAL
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You are sworn to tell the truth. Tell it. Every material truth should
be readily admitted, even if not to the advantage of the party for whom you
are testifying. Do not stop to figure out whether your answer will help or
hurt your side. Just answer the question to the best of your ability.
Give positive, definite answers when at all possible. Avoid saying "I
think," "I believe," "in my opinion." If you do not know, say so. Do not
make up an answer. 8e positive about the important things which you natur-
ally would remember. If asked about little details which a person naturally
would not remember, it is best to say that you do not remember.
Do not act nervous. Avoid mannerisms which will make it appear that
you are frightened or not telling the truth or not telling all that you
,'
know.
Above all, it is most important that you do not lose your temper.
Testifying at length is tiring. It causes fatigue. You will recognize
fatigue by certain symptoms: (a) crossness, (b) nervousness, (c) anger, (d)
careless answers, (e) willingness to say anything or answer any question in
order to leave the witness stand. When you feel these symptoms, recognize
them and strive to overcome fatigue. Remember that some attorneys on cross-
examination are trying to wear you out so you will lose your temper and say
things that are not correct or that will hurt you or your testimony. Do not
let this happen.
If you do not want to answer a question, do not ask the judge, hearing
officer or board member whether you must answer it. If it is an improper
7/8/80 VIII-9 RCRA INSPECTION MANUAL
£-7
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question, your attorney will object for you. ' Do not ask the presiding
officer, judge, or board member for advice.
Do not look at your attorney or at the judge, hearing officer, or board
member for help in answering a question. You are on your own. If the
question is an improper one, your attorney will object. If the judge,
hearing officer, or board member then says to answer it, do so.
Do not hedge or argue with the opposing attorney.
There are several questions which are known as "trick questions." That
is, if you answer them the way the opposing attorney hopes you will, he can
make your answer sound bad. Hare are two of them:
"Have you talked to anybody about this matter?" If you say "no," the
hearing officer or board member, or a seasoned jury, will know that is not
right because good lawyers always talk to the witness before they testify.
If you say "yes," the lawyer may try to imply that you were told what to
say. The best thing to say is that you have talked to Mr. ,
your lawyer, to the appellant, etc., and that you were just asked what the
facts were. All he wants you to do is simply to tell the truth.
"Are you getting paid to testify in this appeal?" The lawyer asking
this question hopes your answer will be "yes," thereby implying that you are
being paid to say what your side wants you to say. Your answer should be
something like, "No, I am not getting paid to testify; I am only getting
compensation for my time off from work and the expense it is costing me to
""be here."
E-8
7/8/80 VIII-10 RCRA INSPECTION MANUAL
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4. References
In addition to the above suggestions and guidelines, several additional
references are available for further background:
Expert Witness and Environmental Litigation, J. L.
Sullivan and R. J. Roberts, Journal of the Air Pollution
Control Assoc., April 1975, Vol. 25, No. 4.
Environmental Litigation and the In-House Engineer, F.
Finn; R.C. Heidrick; K. Thompson, .-Journal of the Air
Pollution Control Assoc., Feb. 1977, Vol. 27, No. 2.
Essentials of Cross-Examination, Leo R. Friedman, CEB
1968.
7/8/80 VIII-11 RCRA INSPECTION MANUAL
E-9
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EXPERT WITNESSES
AND
ENVIRONMENTAL LITIGATION
J. L. Sullivan and R. J. Roberts
The University of Western Ontario
Eirrironmofilal logMallon to deiretepho. rap«dr». to addition. ecnsld-
erabto attention to being *»•« '» IJ>e emlronmenul Impact o« now
lochnoteolcal de»o*opm*ntt. &jv.imment* at ««d •• clUiens,
often through organtied group* •/• placing unprecatienlod proa-
•ure* on many Industrie* end even on other parU ef !f.o go«em-
rnonL Pupu't- feeuVig ha* b««n extranet? ttrong en cuch mailan
•nd mWanco 10 far haa not boon strong. Thto Is Ifcorr »o change
•ubctantlaOy and tho lulufO mil »ao a rapid Increase to the num-
bor of omlionmonUI suHa ofaodafiy If In* conUnuod aiMenco of
cerlaot kiduatrloa to thiaatoned. Eipwl o»Woneo wffl IM noodod to
tupped gmoinmort laglalatlen and to tupport aetlona to proMnro
KM •mrfrormont 8«ch measure* crtll ha«o hortUWo oeonemle tov
pOcaUona and wM ««0k« pradeiaMo lOfpensoo. RaconcUig Uiaw
liavpeMa «a provide a chatango lor the eommunHy which <••
protubty depond to a larger «*>ont en Marpratal!an to courta of
tow. Tho tOUi of .artou. a.parta to e>o adrieo ihroogh tfi* toqal
preeoM «rfi bo •***# H ma mort aff«ett»« compromlto* aro to
b* found. » to Bio pwpoca of IMa P«paf to tBacuM lha aalhortng
end uaa cl net) •otonttno o»h!onc« to omtramMfltal lavrtuRa.
Environmental Initiation ii developing rapidly. In addi-
tion, eon»ld*rabl« attention Ii being given to the environ-
mental Impact of new technological development*. Govern-
ment* »» well u cilizsni, often through organised group*
are placing unprecedented preuurat on many Industrie*
and even on other parU of the government.
To a gmt oiunt. praoenl formi of leglilation itill re-
main to b* tenttd and to prove their efhctlvoniu. Authori-
tie* on the whole have ««ed with retlralnl and »here proa-
April 1873 Volume 25. No 4
ecutions have been launched the causes ha*e betn clear As
a result, «uita relating to environmental pniblems ruv*
been comparatively few and in many cases have not he*n
vigorously contested. Companies faced with prosecution.-.
by governments for breaches of regulations have olien ad-
mitted responsibility and received nominal punishment, .n
many cases, these settlement! are pruate and unr-omled.
Because of this dearth of luxation the need for eipert
technical witnesses ha» not been fell very stron«l% and
comparatively little experience has been gained in the envi-
ronmental area.
This situation is likely to change substantially in the rut-
ure. Aided by what can only be retarded as an astonishing
emergence of public awakening, environmental group* have
scored major victories. These hav«. in sorao ccses. Bad pn»-
found financial implications. Stronger government pro-
grams in air and water pollution control are also oeginmng
to have more impact and to threaten the future ecwmaiic
well-being of some industries. A» these trends continue ana
as more developmental projects «r« ilapped or delayed o>
environmental actions there are bound to be mow vyjorou*
reactions from industry and other organizations.
The resulting upsurge in litigation will «mprta»«e the
need for more technical esperta to a»u»i in pniMOini:
knowledge of the implications from both the en\ irunnwnia
and the economic pointa of view. A« kinds of expert, will
be required. Until recently. It could »» airno.1 Uken lor
zranted thai eipert wilneM«« In environmental liti«ati«ii
would bo enginwr. or chemUu. Tho lypw ol ca»e. wnwh
PnifeHor SuMlvan I* on \ta Fccully ul t1
8cl»nc« *nd Pw/«Mr Rot.ru I. <* J»t Kscull* u
Univ* rauy at Wwlem Untaf w. URU.IO, C«n*i».
E-10
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occurred were usually related to specific problems. How-
ever, in the past few years the question of the environmen-
tal impact of such developments as the supersonic trans-
port, new airports, pipelines, power stations, dams. etc..
have brought about marked changes. Biologists, ecolcgisu
and social scientists have become involved in legal tuita
often through a sense of commitment concerning the istues
in dispute.
Expert Testimony hi Environmental LJUoatton
el Technical Expert
(i) Who may qualify at a technical expert—and haw to
find him. Generally, anyone who is "qualified by some spe-
cial skill, training or experience"1 can be an expert witness.
"(T)he witness must have sufficient skill, knowledge or ex-
perience in that field or calling as to make it appear that
his opinion or inference will probably aid the tner (of fact)
in his search for truth."1
It is not essential that the witness be a scholar or spe-
cialist in his field. "The knowledge may in some fields be
derived from reading alone, in some from practice alone, or
as is more commonly the case, from both. While the court
may rule that « certain subject of inquiry requires that a
member of a given profession, as a doctor, an engineer, or a
chemist, be called, usually a specialist in a particular
branch within the profession will not be required."-1
The question whether a person qualifies as an expert in a
particular field is a matter for the discretion of the trial
judge. For this reason—and also to enhance the credibility
of their expert in the eyes of the trier of fact—most envi-
ronmental lawyers choose to err on the side of over-qualifi-
cation. They avoid the physicist or engineer who is a mem-
ber of a concerned citizens' group and wants to volunteer
his services. "A fellow who is just a volunteer, who does not
have practical experience in the field, may be damaging as
a witness because of weakness during cross-examination.
He may be vulnerable as to his academic experience in the
field, as to his practical experience in the field, or as to his
empirical study of the problems at hand."4
When finances permit.1 environmental lawyers will tend
to select their technical experts on the basis of "academic
credentials (to initially impress the judge or the decision
makers), professional experience, and attitudes."6 the lat-
ter quality referring to the ability of the expert to refrain
from coloring his testimony with socio-economic judgments
adverse to the lawyer's position such as. "Industry should
not have to do this.
Where to find these technical experts? There are many
sources. Government agencies such as the Ontario Ministry
of. the Environment have a number of highly qualified
technical experts who are their employees. However, while
the government may find these experts useful in its own
cases, tnere may be drawbacks to their usefulness to pri-
vate litigants. For example, in Ontario it is virtually impos-
nble for a government employed technical expert to testify
ThTonE!,mplM" c'thi" t:" !cope of his "»Ptay™"t
The Ontario Public Service Act' provide, that every civil
servant must take an oath of secrecy that "except as I may
be legally required. I w.ll not d.sclose or give to any person
.nylnfom,at,on or document that come, to my knowledge
b, eSm1 V ttU0!1 °f my b6lng ' elvl1 »"«"t."" Slml.
tar prohibitions may also restrict the availability of experts
who are employees of private Industry. •°"lly Ol "*"*
Man fertile Heidi In which to recruit competent eipert
314
witnesses include university farurun. private pranu »>n»n
consulting engineers, recent retirees from cowmmrni *nd
industry, and authors of technical books and articfe* M.nv
professional and technical sooetiea mainum rmi»n „<
their membership by specially. Societies m Canada m«m
taming such lists include, inter alia, the Chemical InMit.rt*
of Canada and the professional engineering a-aocuuoo, «w
many provinces.*
Finally, it has been suggested that when an environmen.
tal lawsuit requires more than one technical exprrt. it » ad-
visable to "have one expert find another. You need torn*.
one whose judgment you can trust, because there an • lot
of people, particularly in the air pollution field, who hold
themselves out to be experts but who are just tembU at it
... One precaution, when you find your first good expert, a
to give him the job of finding experts in related fields. He
can do a much better job by checking profeiMooal reputa-
tions in the scientific community than you can by lookinc
at a resume."10
(ii) Delineating the field of expertise. Many environ-
mental lawsuits do require the services of more than one
expert witness. They contain a range of technical issues
much broader than the ranee of competence of any one ex-
pert. "The man who knows about radioactive emissions
may not know about dissemination in the soU or the atmo-
sphere; and those experts who are knowledzeabie about
dissemination may have no expertise in the health prob-
lems raised by the emissions. And so it goes down the
line.""
As a result, it is necessary carefully to delineate the field
of expertise of any one expert before he takes the stand.
The opposition can open a sometimes fatal weakness in the
environmental lawyer's case if the tatter's expert offers an
opinion in an area beyond his competence and then is made
to look a fool on cross-examination. Karaganis suggests
that to avoid this possibility, the lawyer should M(b)ncg the
experts in for staff conferences, for allocation of research
functions, and have them try the case to (the lawyer) and
to one another. One of the best methods of finding out the
weaknesses in your case is to let a scientist posit hu find-
ings before a group of friendly but critical colleagues.
Weaknesses will become very evident, and. believe me. pol-
lution cases are not always solidly on the side of the (plain-
tiff) and against the defendant. The defendant very often
has some good arguments."12
(iii) Limiting /actor*. Perhaps the moat significant limi-
tation on the lawyer in his choice of expert witnesses is fi-
nances. It has been said that.. "(c)ompetent experts will
run between four and six hundred dollars a day."11 and
that "(s)everal hundred thousand dollars is not an uncom.
mon expenditure in tho development of environmental tes-
timony. Such testimony is little different in terms of the
money spent, because of the complexity of the isauen in-
volved, from patent litigation. Those ... who are familiar
with the development of experts in patent litigation know
how costly it can be We estimate that the coil of ex-
pert testimony in our big cases will run between twenty and
thirty thousand dollars psr case,11"
If there ara no funds from which to pay these large wit-
ness fees, the environmental lawyer may be required to foil
back on concerned cluunY groups and conservation orga-
nisations for technical experts. Aa Sive points out. "there
are numerous experta mho are willing to contribute th»ir
time without charge becauM they are< dedicated to tna
causa of conservation. The dedication axwU to an inspiring
degree among surprisingly large numbers of espwi physical
Journal ol m» Air Pollution Control Asscc:anan
E-ll
-------
•nd ineul scientists and other* who we officer*, employee*.
or merely members of major coiuervaiion organization* or
citizen*' groups... "" The lawyer must keep in mind, how
ever, that volunteer eiperu obtained through these chan-
nel* may be particularly vulnerable during the croM-eumi-
nation. To avoid opening weaknenaes in hu came, the lawyer
should take tpecial care to delineate these persona' field* of
expertise and itay within theme bound* during direct exam-
ination.18
It is possible that in important cases, tome members of
university faculties and others might be persuaded to testi-
fy without compensation. "Expert testimony in an impor-
tant environmental litigation u a mark of prestige in al-
most anyone's curriculum vitae It is no derogation of
the nobility and selflessness of those who have given many
whole days and weeks, with no or ridiculously small com-
pensation, to point out that such recognition may be help-
ful to the expert witnesses in intangible ways."17
ForKttans elite Technical Expert
(i) Pre-trial. In complex environmental litigation, the
technical expert can fulfill a variety of important functions
at the pre-trial stage. For this reason, the wise lawyer will
retain hu technical experts as far as possible in advance of
the actual trial.
First, having his experts available early in the proceeding
gives the lawyer a chance to make effective discovery
against the polluter. The lawyer can be educated by the ex-
pert about the details necessary to make discovery effec-
tive, such as the nature and history of the industry in-
volved; the technology available to correct the pollution
problem; efforts, if any, by the industry to alleviate such
pollution; the physical and chemical nature of the pollu-
tant; the potential sources of the pollution within the of-
fending plant; and the short and long-term biological ef-
fects of the pollutants. If the experts are not available to
assist in discovery, important areas of investigation may be
foreclosed.
Second, the expert brought in at the pre-trial stage of the
litigation also has time to marshal! hard evidence that may
prove indispensable at trial, analyze the data already col-
lected, and m»lce recommendations for additional research
or testing which might buttress the case against the pollut-
er. The importance to courts of such hard evidence is high-
lighted in Bom Coal Company us. Air Pollution Commis-
nan. Commonwealth of Pennsylvania >* In that case, the
air pollution commission issued an abatement order which,
in effect, required the coal company's coke ovens to shut
down. The coal company took the Commission to court. In
court, the Commission presented as its chief witness one of
its own air pollution control engineers. In the words of the
court:
Thi* engineering uiitneii teitified. in addition to hit
qualification*, to a uuit to the teene of Bart*'* take
ouent . . and to hu abtervatiant concerning the emi*-
lion of tmoke from the operation of Horti'i coke oven*
From hit observation*, he leitified that the tmoke
emiiiiont unre;n eicen of the permmible allowance of
tmoke a» eitabiiihed by the Commimon't regulation
utillting the Kingelmann Smoke Chart... '•
Those observations were r*jactad IMCHUM the Commis-
sion's expert did not have any hard evidence to back thorn
jp. Tha court said:
The pioblem oritet in that thii uitneii. although ed-
mitttdly an r*prrt. far thf purrm** ••/ thit <•••. ' i ,im
not meke any ttaek Ittlt. nor aid he ulilitr an-, i /»» u n, ,*r>ail
matter To permit thf Commtuunn In nroVr an n>»itr
menl bated tolely upon the iitual tr*tm itnkr* • • .*,
heart of fairneu *°
Third, the sooner the expert h ahle to impart In lh» U«
yer a thorough understanding of the problem* in thf <-a**
the more successful th« lawyer i* hkrly to be in {<*rm\i>r\irat
snd developing an effective trul siralrgy to irapi*n»rni in
the courtroom. A thorough undemanding ol the lechm.!.*;
ieal problems involved can be invaluable la the law.fr in
deciding nfvat hard evidence to pment. who mhnuld br hit
witnesses, the question* to ask and how far h* tiXMiM c" m
cross-examining the witnesses fnr the other *id* On ;hn
score, it has been pointed out that in environmental .VI.M
lion it is necessary "that the attorney be a* exprrt a«. »r
more expert than the expert."
Lastly, the expert must sit down with the Uwvt* m a
pre-trial conference and carefully prepare ha own rfinrct
testimony. The lawyer will "try to have the expert mil-pre-
pared to present his subtle theories in ta articulate at'J a»
concrete language as possible. The more vogue and ethereal
such testimony is, the more likely it is thai the oppuiiUon'*
attempts at dension will be complemented and thus fur-
thered, by the general psychological effect the witn«-u has
on the court-"41
This is also the point at which "clashes of temperartrr.ts
end techniques"7-' ere resolved. "Such a conference ac-
quaints both lawyer and witness with their rc^p-ctiv*
methods of presentation, the issue* considered rrunni -u»d
the questions to be asked—in short a complete rapport re-
sulting in a smooth convincing presentation.**
(ii) Trial. At trial, the technical eipert has twit pnaci-
pal functions:
To give testimony interpreting thr meaning of t»chru »l-e_;euly
causing pollullun with plainuir* claimed injury (rum tnet
Ar.il '975
Volume 3S. No 4
S5S
E-12
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pollution ~" Thru* pr'ililem* can «ri»c in a variety of con-
Uil*. for rumple, showing thai air. water or notse pottw-
Imn trim the defendant '• operation and not the operation*!
of hi* neighbor* rained I he injury, thowina thai an oil tltrk
whirh damaged bvarhm or property came from a particular
•hip: or ihowing thai health problems mulled from the de-
fendant's pollution and not from dmeMe In tueh cirrurn-
stances Ihe technical ripert may prove invaluable In either
fingering or exculpating the defendant aa the responsible
party.
Kor example, in Rumftl Transport Lid vs. Ontario Mai-
Irablr Iran.1'' technical expert* uaed carefully gathered and
documented evidence U> prove that pollutant* emitted into
the air from the defendant1* foundry nperntinn caused the
plaintiffs injury. The plaintiff corporation opersb-d • new
car itnraee yard adjacent to thia foundry A short while
after commencing operation! at thi» location, it came In the
plaintiffs attention that the paint on a number at can in
the yard waa becoming pitied and corroded. When a chem-
i»t inspected (he danwge on lome of these cam, he found
particles which were determined through microacopic ex-
animation to be "red iron ru»t. black iron icale. while cast
iron, chilled caat iron, grey cait iron or malleable pearl caat
imn particle*, tome of which were spherical in form, and
manganese sulphide crystal.... panicles incident to found-
ry operation*."* To ihow conclusively that the-e panicle*
came from defendant'i foundry. »pecial panela of ateel
painted in the same way as the can-*7 were exposed in vari-
ous pana of the plaintiff* premise*. After forty-six days
the panels were examined and showed marked pitting. It
won found that "(t)he pl.ites »hi«.h were exposed in areaa
on the plaintiffs properly more remote from the defen-
dant's plant show that the surface waa affected to a lesser
degree."*
CauMtinn difficulties requiring the assistance of experts
also have arisen in disputes over oil spills. For example, in
United Statn vs. Tanker Mamutan.n the evidence of an
expert witness showed conclusively that the Mnntoon did
nut cause an nil spill that fouled a part of the Piscataqua
Iliver in New Hampshire, despite substantial circumstan-
tial evidence indicating responsibility. The Coast Guard »-
ceived a complaint of an mi spill m the river just as the
Mimiaan wan finishing ducharicmg a cargo of No. 6 Bunker
Oil at a terminal in the same vicinity. There were no traces
of oil around the Monsoon's hull or the pier, but she waa
the only tanker at any of the terminals and the spillage waa
N« 6 oil. On this basis, the Mnruoon was charged by the
Coa»l Guard with a violation of the Oil Pollution Act10 and
required to pint a SIO.OOO bond and arrange for the clean.
up of the pollution at her own expense before being permit-
ted u, set sail. At trial, chemical analysis of an expert
"showed conclusively ... that although the oil spillage w»
No. 8 oil. it was special Navy oil. an irony which was not
pursued-and not the commercial grade carried by the
Monsoon.
The testimony of experts on Ihe Issue of causation can
become crucial In dealing with suspected Injuries to health
from environmental hazards which are sophisticated and
i.ot easily traced. There has been recent eminence with
this In Toronto In connection with hlgh-leid hlood levels, a
condition which causes brain damage in children. In OHIO.
da Metal Company Lid. vs. MatFarlane." ih. Ontario
Ministry of the Environment Issued two stop orders essen-
tially shutting down thg plants of the Canada Metal Cora-
pany and Rolo-Caat Limited. "The stop orders war* Issued
Irainediatily tftcr data showln3 some high-lead blood lev-
els In persons residing near the Canada Maul plant had
IM
beoti rerirved by the Aw >fa«icrnn» u B»«/i.
City nf Tnmwta's UedmJ OrTirv* at HM|.H •
the stnp order. we*, q^ttrwd b, t*. >«c~~ i
saw after I>r H«nn.t(* Sn. . u*d ..p^, ^
dWerwtenu taMrn«( MI ihe rnmc*M« r»h.ir T>
uy of the RmnromneiM did ant pnmM MV •«4>m
fly in MiutUl. rttntmn* to n»fr upon M •fT»(a*ti .j
n>rtor at the Air KaiMxumral hrsmrft oco»t » «
' H **.i~-
..,„ .w i S,
| „
^ pi«M
-i
rwer's report "thet sod.
surveyi in the vinmly el ib. Cm**
hod shown knrtk of iMd emaiMerahry m
found m nonMJ urtan emwMOMM. -" The
misted thw report. Mrin*. -\*hsj« powMe
value it Uier* in the wenis -meu^mV* m ew«. o/
found in the nntntt urban emnranmrnf* Th»r. «n
idence as to what the lr*d Irvvts w^.
menu let alone what the deponent a> ku own
M a. a normal urban ermranawnt. To My that bed **.
m the soil, vcrtalion snd amtneiM air m the. wmiv «t the
Canada MeUl PUnt were in .sre*. d trme f«,«i ,« .
normal urban environment, whatever that moam. «» aa-
soluuly werthleea.-* The ceurt *i>o r^rrted » «t«:ou«o.
liaJ. evtdencs) eitad in the •fTidavn of bhod UHMJI tjim hv
Dr. Cordon Slopps, Senior Conmhaal. Knvwnm^ntai
Health, for the OnUno Miiustr* at Hearth. -(Tine r-«rt
laid great enpha*» on the fact that, at 725 pertom u-«*-l
"22 were in effect found not to have uawfe blond Uad >*r.
els. In other wonia. on the baia at the aflida-nt. 39 fr\ at
those tested living in the vxvutv of the ple&t showed no
unsafe blood lead level*. Even the Neeons for h*h I
level content in the three penata wm a:tnbwta«4e
some cases, to other causes."
It is not unusuaJ for expert witnesses to be called UPITA la
testify whether there b technolocy avaiUbt* whxh B at*.
bie of averting the polluttoo problem in quMion. S>xh im-
timony can make or bresJi a case wen aa a nunanre action.
when the relief sought ia an iniunctien *ztmn emiUiat tb»
offending pollutant. In the absence of technology neaor*
of controlling the pollution an injunction might resutt in
closing down the plaat and throwinsr Ur«« Qumbm ol two-
pie out of work— a prospect same courta find unthinkable.
The problem aa it esuta in many courts ia the U.S. was put
this way:
(The pntreulor) mua aUo tiUH* tkai Iccnita/ixy rfi*n: to
rnjotn major economic attiuttitt I am ntmntty dmititg
witn our industry m JUineu uhie* emptoy* *Uw* tkou-
land ptoplt. Ther* u not murn du0ule aecul lAr /.«»
that they art raiaiiv; teriout tnmnamnnal dtgroda-
tion. Wt demoiufratrrf ttiu to «A« rou*. nut tnr n>ur«
timply laid to ui, "If you tnink list muv ntotufh tu p*i
ttfven Ikouiand uiorHtn cut e/ BMV*. yasi>v <«df\ m».
taken. "...Th* rait of tk» putiit pnuerufo*. Aoti*t»r, M
fo do tiMrythint pouiof« la euawnaie tttt eeuuian
lourti. 7>us. in Utieu of proa/. (A* ta praMew i. n
proving thf pollution 6u< iht***«4 tkat (erflne
of curing the palluikm probbxa b &BM Important lo Can*.
d!an courla. though painapa to • ka*sr •naat than in ihe
Journal ol ttw Wr Peftution Control Aiiocuaioo
E-13
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U-S- Before iuuing a preliminary injunction, i.e.. a tempo-
rary injunction again*! emitting the offending pollutant*.
Canadian court* follow the traditional American approach
of "balancing the equities." a process which necessarily in-
volve* consideration of the overall social and economic ef-
fort* of such action. Some Canadian court* have applied
the Mine principles in determining whether to ianue a per-
manent injunction. The importance that the*e courts at-
tach to knowing whether there in technology available ca-
pable of alleviating the pollution problem is illustrated in
the opinion of MacOonnell. J. A., in Bottom vs. Ontario
Ltaf Tobacco, where he stated:
The defendant '* factory, employing it u taut tome two
hundred men, hat been equipped with every known de-
vice for preventing the escape of fume* and smells: it it
impossible to avoid the discomfort caused to the plain-
tiff without stopping the operation of the factory alto-
gether: to grant an injunction prohibiting the prevent
nuisance would mean the closing of the plant, resulting
not merely in loss to the defendant but in unemploy-
ment disastrous to a small community . 1S
The court substituted money damages for the injunction.
On the other hand, there have been Canadian cases issu-
ing permanent injunctions against pollution by large indus-
trial operations without even considering whether technol-
ogy exists capable of alleviating the problem. A classic ex-
ample is the case of McKie vs. The K.VP Co Lid.17
where the court, with no idea v' -ther technology capable
of curing the pollution problem j available, permanently
enjoined a kraft paper mill in the Town of Espanola "from
depositing foreign substances or matur in the Spanish
river which alter the character or quality of the water flow-
ing over the lands of the plaintiff." M In so doing, the court
apparently followed the English tradition in granting per-
manent injunctive relief which eschews as a function of the
legislature and not the judiciary consideration of the ques-
tion whether the exercise of the rights of the plaintiff
should be subjugated to the economic interests of the de-
fendant or the community. Several other Canadian cases
have taken the same tack.
A noted Canadian authority suggests that this apparent
conflict in the approach of Canadian courts towards issuing
permanent injunctions is tending to resolve itself in favour
of the English tradition.'19 But even if this prediction
proves to be correct, Canadian courts cannot help but be
influenced by the potential economic impact of decisions
affecting major industries. It appears that for this reason
alone, the expert witness will continue to be called upon to
testify whether technology exists capable of curing the pol-
lution problem under examination.
kVcech of Irrasalon Standards
Ona of the least complex issues calling for the evidence
of a technical expert is tha question whether a statutory
•mission standard or regulation has been breached. The
lasua la usually cut-and-dned—was the level of the pollu-
tant greater than that prescribed in the standard? The ser-
vices of an expert are required because many pollutants
cannot be dttected and measured without sophisticated
equipment «nd technique*.
For example. In air pollution cases it la often necessary to
undertake stack sampling, a complex technique for deter-
mining whit pollutants are emitted Into tha air An access,
usually an outside Uddar, mutt bo trect«d along; th« «ido of
tha irooka itMk. Than an opening of approiimately U In.
April 1978 Velum* 26. No. 4
in diameter must he mad* into Ow walb of thr .t*ck >n
order to insert the pmb? Once the moke » roll* ini n
mu»l be analyzed in • laboratory to determine if *nv -uiu
lory limitations have been exceeded. If the plaintiff rf.»»
not have occes* to the slack, he may undertake • n.nipin
testing prop-am wing elaborate equipment *t thv rwnvir.c
end of the pollution. Thi* a what Umk place in the Ku*Mfit
Transport cane.4" where an analyst* of the dual drpt-ii* «l
the receiving end proved that the defendant wa* ropmui.
ble for the damage.
Some testa which appear relatively simple to perform
create many problem* when a layman attempt* to prcwnt
the results as evidence. One of these drnptivrly v.mpJe
testa involve* the measurement of smoke dermtv twins u
Ringelmann Chart. The chart cornprxes a number of *had
ed squares which represent various densities of mn»ke Th*
instructions inform the operator that he must stand with
the sun at his back, hold the chart at arm's lenicth
-------
eluded that there was no injury, (hat the complaint* of the
newhbon were the result of suggestion or attributable to
causes other than the fume* from the plant.
The stele flinched lU MM with teilimony from medical
experts which not only linked (he ailment* complained of
by the neighbor* with the rumen from the plant hut aim
suggested that the absence of «ymptom» in other* did not
mean that they were unaffected. Three different medical
doctors testified that they had examined a number of the
complaining neighbor* and their laboratory tent* confirmed
thai these people were suffering from pancreatitis, an ail-
ment that can damage the pancreas and lead to diabetes
One of these expert* testified that "r rrtl n.
Isle expert* might be calM upon to ettinwce tnr dmp m
market value of property which ha* detomntrd ,«r~,
physically or aesthetically at the rmnri* nl the oVfcndanl -%
It n importjint to diMingunh the question of Aira*t«
from the question of injury. SomeUmen. the failurr of s
lawyer or expert to separate thrs, Mue* in h» own mind
can affect the witness* credibility mulling m harm to th*
lawyers case This M particularly (rue in caMm whrn- inpirv
lUelf is in dispute—there n no lou to menurv in terms of
cash if there i» no injury Fur example, in Kama Klrtlnc
Cooperative Ltd vs. Ciuhard."* an expert witnru who ap-
parently failed to distinguish damaeri from injury testified
at one point that "(Me did not think the value of any ml
estate w ever affected by the appearance of power lines."
At the same time, he "put the before and the after VS.'UM
(of the farm affected by the power lines) at &S1 700 and
SS0.1SO total damage of $1^50.- Needles, to say. the elec-
tric cooperative that called him as lU expert witne» lest
the cane.
The usefulness of a technical expert at trial » nm con-
fined to giving testimony. The technical expert LI alto use-
ful as an advisor to the taw>er throughout the course of the
trial. Having his expert "on call for momentary advice on
technical points ... particularly when rureimng the op-
posing expen'47 can be a boon to the lawver faced with un-
anticipated evidence or a response he doesn't quite under-
stand.
Also, keeping the technical expert on hand throughout
the trial facilitates communication between the lawver and
expert so that &t the end of the trial day. they can quickly
"recap the events of the day. discussing ways toatrvn? n*n
the weak areas and capilalixa on the strong points thus far
developed. "**
Moreover, the technical expert who ia available to ob-
serve all of the proceedings at trial prior to taking the stand
will often be able to present his evidence mo--» effectively
This is usually the COM when the opposing experts testify
first The technical expert then has an opportunity to un-
dersUnd the techniques used by the other ud« for nunplex
measurements such aa calculation uf i-pnmum chimney
height. Technical witnesses who take the stand witKtiut un-
derstanding the techniques used by tho other ud* may wrll
give testimony which will serve only to confuM the cuun
and unjustifiably cause them to app»cr incompetent.'"
" r i-t-iai Hi Tirum minm,
The testimony of • technical expert ka wnrthkw if it u
not believed, and. In finenJ, mott courts are inclined to be
skeptical of expsrt opinion. As a result, the cndibiliiv of
(he expert fcecnmea a major laaue in atonal ewry nue. The
lawyer for the other tide can be expected to prud un cnw
examination ewry aspect uf the Iwhnical expert's prrttn-
" If he finds • fUw he will r«Ur.tUuly pursue it in
Journal o< the Atr Pollution Control Atsoci4i
-------
an attempt la hurt irreparably the caute of the ude that
called the expert. Such flaws art commonly found
In the manner in which the expert present* hi» testimo-
ny:
In the use by the eipert of dubious testing equipment or
procedure*; or.
In a conflict between the testimony of the expert being
exami..«d and the testimony of another expert.
Some expert! have be«n *o emotionally wrenched by such
attacks that they are paranoid about taking the lUnd
again. This need not ruppen; the credibility i»ue may not
be a stumbling block to success if the lawyer and hia eipert
properly prepare before the latter lakes the itand.
It is no aecret that generally couru do nut truxl the opin-
ion of technical expert*. Thia bia* ia aptly illustrated in
cues where court* have been confronted with conflict* be-
tween the scientific evidence of expert* and the practical
evidence of lay witnesses. For example, in Southern Cana-
da Power Co Ltd vs. TVie Kin*.tl the Supreme Court ap-
proved a lower court judgment in which lay testimony of
residents in the area as to the cause of a rush of water and
ke that washed out a railway embankment was accepted
over conflicting expert testimony as to causation. Mr. Jus-
tice Davis stated in his opinion that it could be appreciated
if the trial judge has d.sregarded the expert opinion and re-
lied solely upon the testimony of the lay witnesses. Similar-
ly, in Canadian Copper Co. vs. Ltndala." the Ontario
Court of Appeals affirmed a trial court opinion preferring
the testimony of e>e witnesses that crop damage resulted
from sulfur fumes from the defendant's plant over the tes-
timony of technical experts that the damage resulted from
disease and not the sulfur fumes.
In cases where both sides present expert evidence, this
natural bias against trusting expert opinion can crystallize
into complete rejection of the opinion of one side's expert if
there are flaws to be found in his presentation. Even the
expert's looks, mannerisms, and speech are important.
They may be attacked if the oth«r side believes that they
fail to convey an image of competence and sincerity. As
Sive points out, "(o)ne of the most significant... problems
involves the degree to which opposing counsel will attempt
to portray the witness as a composite of several objects of
derision, among which are the feminized male, the un-
worldly sentimentalist, the professor who has never met a
payroll, the enemy of the poor who need more kilowatts
and hard goods, and the intellectual snob."*3
The expert's attitude on the stand may also destroy the
impact of his testimony. If he appears to be arrogant or ar-
gumentative, he risks having his testimony discounted alto-
gether. An example of tho harm assuming »uch a stance can
do occurred in AtcKte vs. The K V P Company Ltd M In
that case, Mr. Justice McHuer, complaining that some of
the expert witnesses called for the defendant found It diffi-
cult to distinguish between tha function of a witnesa and
those of an advocate, rejected outright these witnesses' sci-
entific evidence. He took refuse in Ota opinion of Sir 0. J.
Turner, L.J. In Goldimith va. The Tunnbrtdqe Well* Im-
provement Co/n/mifioncr*** which stated. In effect, that
with all due resp«ct to scientific gentlemen their scientific
examination mus( nova depended much on the slat* of cir-
cumstances which existed et the times of Investigation, the
force of the stream, the state of tha weather, etc. On this
bails, he concluded that these expert*' scientific evidence
was sacoirflsry to other evidence u to the fact*.
Tha credibility of a technical eipert may also he under-
mlnod on crou-eumlruiUon If the other side can foroe hia
Apvll 1979 Volume 36. No 4
to admit thai then might have b*M a dWert n ttm .
procedure or equipment. A food •iwnpfc at this orrumd
in Nfltan vs. C & C Plytrmd Corporation.** a nusunr»
action in which ih* plaintiffs rtainwd that thnr w*n.ru*g» and ahouW pracoKi ia • logical
fishlon readily understandable to hyreen. Tta jury will
remember little. If any. of Uetiaony givea In oigniy tachiu-
cal Jargon."
"It b Important thci, whila obtoUunij mm u Mpen hia
opinion, ha alao statea hb ncM* for It. \1 part of thooe raa-
luna b b«aed on MI iihibtl you shouid Uve that exhibit
Identified at tha tin*, o M expert b uniii«ly lo b» teati-
fyi»* cgun In Uxa Court of Appeal"
"It b Imnorvaal thai conUauoua refet«aoa bo saade to
E-16
-------
the empirical teat*, investCation*, etc carried out by your
•itncsaes. for Mich data will have more imprnaion on the
jury...-"
fa to the tnta performed by the eipert. care mu»c Ke
taken that lhay are carried out in an unimpeachable fash-
ion with reliable equipment. The eipert should have on
hand detailed account* of the condition* under which each
lest wa* performed, eg., temperature, wind velocity, atmo-
apheric condition*, etc. In addition, the eipert ihould be
present, if pouible. throughout the trial in order to be bet.
ier equipped to explain any apparent contradictions be-
tween hu own testimony and that of other eiperta giving
evidence in the sane proceeding.
Environmental litigation ia about to mushroom— and
with it, the number of scientist* entering the court room aa
expert witnesses. "The social-values and tocial-conflicta
questions, resulting from the 'good guys versus the bad
guvs' issues, will increasingly give way to factual issues in
which the scientists1 participation becomes mure and more
important. "?* More than ever before, lawyer and scientist
will be melding their talents to produce hopefully convinc-
ing presentations to put before the courts. Their success in
meeting this challenge will depend on how well both under-
stand the role of the technical expert in environmental
cases.
Re4erencea
I. Rnu Cm-man. (1947). Ontario Report* 395. (1947). 4 Domm-
ion Law neport* 69.
2. McCornuck on Evidence, at 30 (2nd ed. 1972)
im"o £.* R'" ", 5ocl""- . 27 Ontario Law Report*
410. 8 Dominion Law Report* 84 (H C.). where the court wal-
ed that not only a coiuulting engineer but ilu peraoru en-
faced in cement construction and concrete work were to be
classed as eiperu. Ste al,o. Ke W,nnipf, Golf Club. (1928). 3
Dom.mon Law Repona 522 (Man C A ): Afarcnv.nyn u Fane
lii!" r °:'['0L"n2ed- (u'932>- 4 Dci=»n'°« La« Report* 618
(Alia. C.A.) Regarding the absence of necruity for • apecioliai
in • particular branch within the pmteaion. tee McCouthtrty
" S^ftl*," * *uUer Co n9031' ! Ont»"° W^'y £•
port* 2O4 (C.A ).
4. Karangani*. Public Suit* TTie fkanh for Evident r . in Hataet,
Environmental Law at 56 (Institute n/ Continuing Legal Edii-
cation. University of Michigan. 1971) ' "
S. See later leu *nd accompanying footnotes.
'''71 Klliln '"«*"» «*-» "<'>« e*Ubli»hing your
* ?" b"n f°und v'lu*ble lf • ««neraJ out-
y»««»'«'«My i"ch .urn, a. n.me.
of ?ork- edu««">n. chronoiogicil
feuional affi utians authnnhi
Conn- BJ-
ive »tvle. elabo-
ly «nd auth.nti-
Klein.
eallv, with emphasi* to mil the cue
,.i?i?B ™ Moit of You* E*P»rt. 46
11972).
7. Revoed Statutes ofOntano 1970. c. 386
maiion normally will not b» avmlsb e until trial—* I*V«M
dr.»b«k to ./«,„» preparation Md prLnutlon of thl
9. Technical aocieild In the Uniud SUIM which
«oci,iuei.
•M c ort.nu
«. .» ' » M«mb«n °' «*>•'' r»io*.t|ye Cod*
are en axcillent sourca of eiperU*.." 8. J. KUIn,
MO
10
11912* '**
.'
l«-hn<4 . »
to b* Fcrnonpif km Tm»t. ,,1. ,„.„.,
tmtnn DIMOM Auorvuoa o/fm. ru h* ..r. «.,
found TS» Umud Sun** r>evi
*nd Weir.,. pufcW^, !„„ ,wu «
*NM UMful in/oraut.on .nrf ih. lor^ oodut.™ w,
nay b* utWui . . " D
o
II. loteph L. Su, Wn. Ouvrtion in M» £«». m H
«nm,«a/ ^,, ., 6-7. ||M Con, L.,. Ed.. A,."
13 Karintanio. AWir .?«,/, n, .««,„ nrf,«,
4. at 60 Snre numale* the r*iw» lo rw -frum u»r»» n
.even hund«d fifty dollar. p« d.v pJu. Mprm^
Steunng. k.ianuurj. and CVapi fcxomuunx Eijvrr
""lenunM/wrua/CiU'i.eaMich L*w R«* n;j
14 Xarancani*. Reference 4 it 57-40
15. Sive. Reference 13. *i 1 180
16. See Uur UxL
17. Sive. at 1 180
ia 279 A. 2d IS* (Pa. Cmwlth. 1971)
19 tdrm. it 397.
20 Idem. at39a
21. Sive. Serunnf. Examining, and Crau-£«a'mn,-u
Uw
21 W»m. Such dashes may be common. rnuJljpf fmoi u '-' .,.-4
Kientuu «nd enpneerm to ba nwrow in Iheu vxiu ou-.kiu*
and provincial in Uwir approach to preWems:
ScienlJti* uod to ipcculue in profnuniuJ lurjurcs «nd
the po*:uona they advocate foil lo rarocno. th* Lr.>»ier
cenrral iraplicaliona.
Most tcwntiau remain academician*, aloo/ from thr ran-
Runity
Scientula . . . tend to measure human reapoiues bv
. . their political notion* on absurd.
The veracity and ob.wctivity of tcwoinu and encinnn -tn
questioned by a Urge proportion of the mpondenu
Scientiiu are otun arbitrary about aullen, fa*.wxin«
that they have th* only act answer* . . u)he uilnncmttun
a inaccurau, bated on icdntduoJ opuuoa ni**t ihoo
iBCL
Scunlau' attitude* are Influenced by tha prope«ui<«« of
their enployan.
ScienUiu are too dogaiauc. vuionary aad uaprarti.-^ ,n
their ducuuion of ecological problems . . . (Ov»*» » «.> »•
enviraamenuJcU are too emouoaal to provide II* pncli.
cal iiiias needed.
Sciential* load lo eiteod thaw eiperta** la eonranm.« i*j
mailer* Into UM* of poliuc* oad *ocH«y which u. ne
yoad their eomptwne*. . ."
J. Curhn. Laa. Srienre. and Pubbe Policy- A PnMrm in Cunt-
muiurafion. In W. Taonuu. Srirn/»K m l*e Ltfol S<,.tf* «t
40-41. 'Ann Arbor Scueoe Pub. 1371).
A. M*Jon*y, QC. Eiptrl Svuttnn in Dtftitdimt a (>ici»o(
f ste. *t 94. (Law Sot al Upper Canada Special Uctiuc •MIN.
24.
.
J. MacDoiuld ft J. Ccnmiy. £>tivon«*e«il*W L)4ur*«iiM. «t til
(UnivenityofWIiconilo 1975).
28. (1922) 4 Don. L.R. 721 (Ont H.C.)
37. Tha*e puneb wen furnlihed by G*JM*«| Motor* of 1'ane.U.
t>.» oaaui'acturar of th* new cor* atared on tK* pUiniufa
SI (I0i3) 4 Don. L.R. at 120. TtU (vtdaec* aisht haw ba.a im
proved, fot (iimpi*. by raaapuuif iha euMUtdtive mioa uf
daposilioei on CM pUinlUCi property with kx-«lwfti m the
same gcncnj *TM but auto NOXM* nwa th* f»m
JetiintJ oi th« AH Pollution Control Auocniioo
E-17
-------
10
.11
34
wrtkm a d»lawr. ,4 a few fcvndnrt IWi <•* IS. rup,4a Th«i may
km f.,TMI*J!*d a p.M.Sfe rWfmr. lKa< Ik* ptamlrff. w*f. .»,.
near talk* CaaadMii Pat .to Ka.lRMd Pan.....** '
lorufMnvi nfi»aj n«iam Urr* panirl*. WKM S i
did nm aff.rlnr.ly pma |S« iv.nl a« an ali.riwiim'.i'p
Ihm fn* the dame*. One terknwal wniw*. railed by in. rirf.n
danl wea ornrtnu.1. irwf'm.uil He <(VMr.ni I v rfuin.il .
Ik* nwrl thai S. we. .uffvi.nlly f.mifiar w.ih IS. ,rMr
51 "/"^."I.1 •"""' •*"«"«• •"<* «»e«iw* kept nn pmper rw
nrd of wind direvtmn
Knvirimmmial H»fk«i»r l7irT. V.4 |. Nn 7AM Met fir On
21. IW7(>|
I'niledMI C.«ie. V.J 1 .Hr.1i.rfi 411 417
(1174 if ml K A77
II Canadian Knvir.Him.nlal U. Nrw. 161 1111711
/
'*" l<>fU
by M'C H949)
4.1
44
i T "if19 Hl~'wlh'«*««««-ti«-id.dn..« hav. a» much
da>h a> the qu,ried n.-.tfr el fin! hluth mif hi indicate The
murl .impended Ih* .n,.,nrt,.-, f.,, ... „„„,„. -in ,«j,f „, ^
Ih. defendant an ..pp..n.,n.lv u. pr.nr.de irih*r mean. ..f d.7
pntal «f lla m.li.i.i. .murnl " Idrm al «0 Ulrr. ih* H.rlui
mrnl nf Ontario u.>i»d « .pn ul an permitting K V !• lii ci«.
linu*iiprralin(
.19 Mrljirrn. Thr Common /^,u. Huuanrr Arliiuu and Ihr Ann.
naimrntal Halllr— WrH-Trmprrrd Suordi ,»• MmArn «rrd,'
10 OwmKie Hall I. .1 SOV V,->. ',W 119721
4() Hujm-ll Trnntpiirt \ tlnlann Mallrohtr Inm t „ I id Hrf *
41 lo.i'"1"11 & J Sw«'««n- fc™ '"""""if «i Tno/ lN*w Pri-
1974)
42. A l.uca». Thr Holr o/ tHr I'tihltr. 6 Univrmly .>f Hnti.h C...
lumbia I jw Keview IIH71I
Kev»*d KeKulatwn* nf Ontario 197(1 H« IS. N*r 7 .suli..S*r
linn .L
S..me wunt that th» rrnuUlinn may h* invalid "a. Inerv i>
nulhing in th* Ihnvimnmrnlal I'mlertuin Aril itvlf In auihii
rue a reiulalum rrxnrting the rnmmon law niihl nf a riiirrn
In testify nn «irh an everyday iirrurrenrr " hniinmmrni nn
Trial. Ref 42
41 Wr.lrrn Alfalfa Carp v Air P'tUiilum Vananrr Hmrd nf Ihr
toolr nfCntnradn. I Knvirunmrnl Kepirtrr Caw< I I'J9 iCiiJ
48 I Knv Kepnrur-Cawi Ihfil IMd Cir Cl 197(11 prrmanrnf in
JUKI Hun rnlrrrd. 2 Knv Kepiirter-Cava 1199. IMd Cir C'l
47. Idrm. al 1662
48 Idrm. at IGSn
49 Idrm. al I66H
AU, 461 Krdrral Kapiirlar. 2nd .Senri. 010 «'l Cl IU72I
SI Thai level u M paria uf rarlmn mnnuiidr per milliirti h waa
nut*d in Maryland y Ca'aiy Cnrnnraf ci, /.id. thai "in
Wuhmflon. D C . fur the general pnpulaiinn they have aduul
?2 • "*"'• «" W P""" P" "iilliun »f carbon dunide " Id al
16A at
A2 Idrm. ml H17
AJ. Idrm. Cnurti may h* reluilanl to ci.nrlud* that «..me ~.rt ,J
Injury mutt have reaullrd from over ttpi.urp in pullulant. U-
rauwi of uneaimeu rtyirdiim (he way in which the i» i.iled
aafe llmita muhl have heen HI Thev mey fp.1 that >u. h
llmlta were HI on the ha.i. ,,f .kimpy rvidenr. ,rf harm ..r aa
the rnult uf hifhly luhi-r-ilv, jud.-meni. X..m* mmmenlaliir.
Oelieve that there may !>• irnund. fur mrh »u>pirnina f>rr ha
eiamnla, the CMvrlu.mn of J Hewing* In Walrr Uualily 'and
Mir rfa.ard lo ««/(«. llniv.r.ily uf Pnriinl,,. I9BH
M. '3rr V *"V,«|, Uama., Su,,.. In Haa-
April 1878 Volume 26. No 4
62
r> lh» rnurt M rla dmrMnai Mar
mak« rl«ar Ik*
^
fnrw 7Ti» renm for «•»«.*( iru. rv.^^^
by Ihr Muyn nn Cnuri m ih* (.^b^nn. *.
Im rax • wivrrr lhr>ip»rl KIM »
inal and Ikm M nvflirt h>i
mWy uiM«H/arl.«> u. a.k Km N. ,,pr^» .„ ^.n.^.
baHed upon Ih* nrimn -h»-h s, h» k,ani »«..^. „,
•«"••• •« »urb a qmn.Mi im.rf«x id* •ip.n .« [,<. ^^ ..
rran«»» Ik* nnHiri m arrantm. ..iS h. ,«n , ,.. ^ . ^,
CTMtihidly nf Ih* »Hnr~*. and IS. >ir« h^ n.. . .. 4
is. ..,„„
,„ ..„..
;>,, L«.,
^
. Ihrr* ^ nnrnnfUrl in In* *+*irr»f
firully dor. nnt Mnwarihr a»r— and fliff.
alum auy Iheref.tf* afw Htr-a .
11964,.SCR VI -A-, wrv«! I. M i.Miir
"iTlh* M-tenlM who err«|M. Ik. ft4. x .ip.n ..
aware nf Ih* lar>>n nimm.«rv rrapiin*<< during
icatnn by oppmin* all<«wvL Tk. m._i „««,
i «lly by ronfuunt h.m nr by »..n«"i,,']nf^,X'noC"m"1™
qunUm. that he rannin amww ArtuaIN .hai ih. .«>_ -,
alUimry d.M->. and IAM i> . i. .-ai.
Ih* fartuaJ vtuai>.« u. iSr ripm ...r and .~.r ma.n > ..i ,". n
limr pw-kirsc away at it by iitthlhr rhanzine the r.n un»i .-v ~.
vfrt whirh the r»prft haji i ha .ipin»i« "I) -»<4, •+.,.*
11,1, in Ihr Couaroun .n V* Thima. .Sfi^nfi.r. m in, /,s-,
••--•r-ni al lift-IO6 (Ann Arfanr Nrvn.rfur> 19741
" -»C.R «. I IV« I.H 131 Th, e,p.n WM«««, ' .1
*— arnunf thefiueK*. to ih. th*f«viirai wnfitM »\*
dene* (iv*n
II9S7I 0 R 2M 1C A ) Cher, the' ^n.^,X',"p1, T«* ,«''/..
in rruitvirc a amflin hrtwern Uv and riprrt iMtinv.n< •
Onl. Wkly Nole.4.17. Kfml Hkly k>~7tl rirt' A ' *** S
Siv*. at II.
Referenc. 37
"'«Sllj"'R»P«rt»V.4 I Chawm^Sal 11.1
I KRC 1131 IS Cl Mn I97III
Idrm S^r AUn th* d»>u».i.«t ,rf H*tt C.«l To v M./- J*. ;,
IKMI f u^mii.i.Mi m Irit and In. H»ruuiun of A P Wnt-r-\
S*n,tar\ Walrr H-ard Knv RC. 1497 (Pa Ca»tih 11'n
wn*r* in. nwrt invalidaltd I he bnard « rpvnrelion , p»r
liirmed which nn(hl hav* ruoclwuv.lv .huwr '
IHM >>elw.*n ih* mimni uprral.x ,nd i|
•irram Th* court >a>d
We are by no nvraro certain ,rf ik* .OVary uf dv. tni> «u
thu utuattim »r rven if lurh te*u rnr* •till powuije )xn t
would >**m thai traor. » >-«*«» lodlluu a I.UH «»
. .»!» a. a v,,¥ rare M|u.tHm. ,f ., ^ |, „„, |K..B
b. thai w.nda .hirh Muw fMU» . ^n.fkuM d,rert«,
only . .mall piun^iM -rf ihv IIRM. In r.k.
oe inai winda .hick Wow fr.ua , u*n.fK.j,i dir*vii.« «,aM
L**11"* ""'* • amall pruniirihM >if ihv Have. In re/ktilalnw
heiiihla uf chimney. .l< alm.B»n*(ic .utuluy r.w«,tfM.. r,.,»
nn fnun A U, r ar* p.««ij. lit, Ual B ..prewnuiiv. ,rf .,
tremely itahie air and ta Ih. HMI unfav.wr.hle rr.it .....r.
tremely
I. u n- I ,-.
u. ally la an^pied f.* ralrublwiu. »'M .» ihu, r«.u» «~U| r.
ml" \"1UChJ'^"f '"'»"•» »»««»l •« I— n.l lh.M«l« ih.
"nail ruk ««ld b.. .1 W*.|. lfeur.lic.ilv ,«„,„ ,»„„»>, «„
laau* a raulMiu* eipen may be al H«M d.lf.reoc. «,
***!? /lh* "t'IUVJ **" |K>
118 Klaln. Kefervncv A7, al 481
70 Hlv*Hefer*nre-;i. at IC44
71 A. Maliuuv. yC, Ajprrl
It li'L*,' " ^V IU* *"* "f »!1>P»« «'aiv»da »n*r«1 £«.."._
I .fc^' i»^«i««a m I*. • .«.rln«-» la W Thimaa. Stiantuu
In Ihe l^vjb. 11.741
E-18
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4 VTjr? 4 UNITED STATE5 ENVIRONMENTAL PROTECTION AGENCY
\ '' .•/ WASHINGTON. O.C. 20460
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- 2 -
Biis document focuses en the preparation for and conduct cf inspec-
tions, including (1) new to crcceed ween entry is denied, (2) ur.cer wnat
circumstances a" warrant is necessary, and (3) what shewing is neces-
sary to cbtain a warrant.
II. Conduct of Inspections
Tte following icatarial examines the procedural aspects of conducting
inspections under ssfr-adainistered Acts. Inspections are considered in
tfare~ stsces: (1) precaraticn for inspection of premises, (2) entry onto
premises, "and (3) procedures to be followed where entry is refused.
A. Preparation
fideouata cceoaraticn should include consideration of the following
factors concerning the general nature of warrants and the role of personnel
coniucting inspections.
(1) Seeking a Warrant Sef ore Inspection
Boe g^rlcw' s decision racccnized that, on occasion, the Agency nay
wish to obtain a warrant to conduct an inspection even before tears nas
been anv refusal to allow entry. Sucn a warrant may be necessary wen
surprise is carticularlv crucial to the inspection, or when a company s
or or bad conduct and ccior refusals make it likely that warrantless
entry will be refused." Fre-ins?ecticn warrants fliay also be obtained wnere
the distance to a U.S. Attorney or a magistrate is consiceraoxe so tnat
excessive travel time would not be wasted if entry were ceniec.
At cresent, the seekim of such a warrant crier to an initial inspection
should be an exceptional circumstance, and should be clearec tnrougn
Eeaccuarte^s^ If "refusals to allow entry without a warrant increase, seer.
warrants may be sought mere frequently. (For specific instructions on
how to obtain a warrant , see Part. D.)
(2) administrative inspections v. Criminal Investigations
It is oarticularly inpartant for both inspectors and attorneys to
be awar» of the extent to which evidence sought, in a civil inspection can
be used" in a criminal natter, and to knew when it is necessary to secure a
criminal ^-th«^ than a ci^/il search warrant. There are three basic rules
to re^erre"- in this recard: (1) If the purpose of the inspection is to
discov— and correct, through civil procedures, nenccnpliance wite regulatsry
r^uir-ients an administrative inspection (civil) warrant nay be used;
(2)^~the insoecticn is in fact intended, in -vnole or Li cart, to gather
eviderc- ^r a'ccssible criasinal crcseeuticn, a criminal searcn warrant
must bVcbtained under Sale 41 cf the Federal Sules cf Crioir^l Prccsc-^e;
and (3) evidence cbtair.ed curing a valid civil inspection is generally
admissibi- Li crininal proceedires. "Ciese priKiples arise rron tr.e recent
Sucrans Ccurt cases cf Marshall v. 3arle^'s, Inc. , supra; Micmcan v. -?rL5r,
" D S , Q8 S.Ct. 1942 (1973); and U.S. v. La5aj.le Maticnal 3anx,
- -jlsl - , 57 L. Ed. 2d 221 (1978). Ic is not carEJ.eceiy clear wnecher
FcaK5irea~Irwesticaticn for civil and criminal violations risy be prcperly
conducted under a civil cr "adnanistrative" warrant, but we believe tnat
E-2u
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- 3 -
a civil warrant can properly be used unless the intention is clearly to
conduct a criiainal inves tigaticn .
»
(3) The Use of Contractors to Conduct Inspections
Several crograms utilise private contractors to aid in the conduct
of inspections." since, for the purpose of inspections, these contractors
are agents of the Federal gcverrment, the restrictions of the 3arlcw's
decision also apoly to then. If contractors are to be conducting
inspections without the crsser.cs cr actual SPA inspectors, these con—
tractors should he given" training in hew ca conduct themselves when
entry is refused. With respect to obtaining cr executing a warrant,
an SPA inspector should always participate in the process, even if
he was not" at the inspection" where entry was refused.
(4) Inspections Conducted bv State Personnel
TSie Barlow's holding applies to inspections conducted by Stats
cersonnel and to }oint Federal/State inspections. Because sane EPA
are largely implemented through the States, it is essential
'"
that the Regions 'assure" that State-conductsd ir.specticns are conducted
in comDliancs with the Barlow's decision, and encourage the State inspec-
tors to consult with their legal advisers when there is a refusal to
allow entry for inspection purposes. State personnel should fee encouraged
to contact the EPA Regional Enforcement Office when any questions cor>-
ceming compliance with Sarlcw's arise.
With regard to specific procedures for States to follow, the
important points to renenber are: (1) The State should not seek for-
cible entry without a warrant cr penalize an owner for insisting upon
a warrant, "and (2) the State legal system should provide a mechanism for
issuance of civil administrative inspection warrants. If a State is
enforcina an EPA i^Ug^i through a Stats statute, the warrant process
should be conducted through the Stats judicial system. Where a State
inspector is acting as a contractor to the Agency, any refusal to allow
entrv should be handled as would a refusal to an Agency inspector as
described in section II. 3 .3. Where a State inspector is acting as a
Stats emplcvee with both Federal and Stats credentials, he should utilize
Stats crccrsduras unless the Federal warrant procadurss are more advantageous,
in which case, the warrant should be sought under the general procedures
described belcw. The Regions should also assure that all States which
enforce EPA orcgrans report any denials of entry to the appropriate
Headquarters" Enforcsnent Attorney for the reasons discussed in section
II. 3. "4.
-3 . '-Entry
(1) Consensual Entry
-One of che - assumptions underlying che -Court's decision is that:
nest "inspections will be ccrsensual and that che esrainistrative inspec-
tion frair/eviork will thus not be severely disrupted. Consequently, irspec-
E-21
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- 4 -
ticns will normally continue as before the Barlow1 s decision was issued.
This means that the inspector will not radially secure a warrant before
undertaking an inspection but, Li an attempt to gain admittance, will
present his credentials and issue a notice"of inspection where required.
The establishment owner may complain aoout allcwxr.g an inspector to~enter
or otherwise express his displeasure with EPA or the Federal coverrmenti""
However, as long as he allcws the inspector to enter, the entrv is""voluntarv
and consensual unless the inspector is expressly told to leave" the premises".
Cn^the other hand, if the inspector has gained entry in a coercive manner
(either in a verbal or physical sense), the entry would not be consensual.
Consent inust be given by the owner of the premises or the person in
charge of the premises at the tine of the inspection. In the" absence
of the owner, the inspector should make a coco faith effort to determine
who is in charge of the establishment and present his credentials to
that person. Consent is generally needed only to inspect the r.on-cublic
portions of an establishment - i.e., anv evidence that an inspector obtains
while in an area open to the public is admissible in an enforcement
proceeding.
(2) Withdrawal of Consent
The owner may withdraw his consent to the inspection at anv time.
The inspection is valid to the extent to which it has progressed before
consent was withdrawn. Thus, observations by the inspector, includirsi
samples and photographs obtained before consent was withdrawn, would "be
admissible in any subsequent enforcsne.it action. Withdrawal of consent
is tantamount to a refusal to alle.v entry and should be trs-ated as
discussed in section II.3.3. below, unless the inspection had crogressed
far enough to accomplish its purposes.
(3) When Sntrv is Refused
Barlow's clearly establishes that the owner dees have the richt
to ask for a warrant, under normal circumstances.1 Therefore, refusal
to anew entry for inspecticnal purposes will net lead to civil or cri.-nir.ai
penalties if the refusal is based on the inspector's lack of a warrant
and one of the exemptions discussed in Part C does not apoly. If the '
cwner were to allow the inspector to enter his establishnsnt only in"~
response to a threat of enforcement liability, it is quite possible that
any evidence obtained in such an inspection would be inadmissible. An
inspector may, however, infoca the cwner who refuses entry that he intends
to seek a warrant to compel tr.e inspection. Li any event, when er.trv is
1
FIF3A inspections are arguably not subject to this aspect of Barlow's
See disejssicn, p. 5 and 6. " ~—~
E-22
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- 5 -
refused, the inspector should leave the premises iaaasdiataly and telephone
the designated regional Enforcement Attorney as seen as possible for
further instructions. The Regional Enforcement Attorney should contact
the a.S. Attorney's Office for the district in wnicn the establishment
desired to be inspected is located and explain to t=e appropriate Assistant
Onitad States Attorney the need for a warrant to conduct the particular
Samples are provided in the appendix to thjj
(4) Headquarters Motificaticn
It is essential that the Peg ions keep Headquarters informed of
all refusals to allow entry. Ihe Psgicnal Attorney should infora the
accrccriate Headcuartars Enforcement Attorney of any refusals to entar
and should send a copy cf all papers filed to Headquarters. It is
necessary for Headquarters to ronitor refusals and 3egicnal success in
obtaining -warrants "to evaluata the need for improved procedures and to
assess the inpact cf Barlow's on cur compliance scnitoring programs.
C. Areas Where a -tight of Warrantless Entry Still Exists
1. Emergency Situations.
In an emergency.. where there is no t±ae to get a warrant, a warrant-
less inspection is permissible. In Cazsara v. Municipal Court, 237 C.S. 523
(1967), the Suprame" Court states that "nothing we say today is intended
to Ssraclcse crcrrct inspections, even without a warrant, that the law has
"traditionally" urheld in" scergency situations" . Nothing statad in Bar lew's
indicatas anv intention by the court to retreat from this position. The
Segicns will" always hs/e to exercise ccnsiderable judcment concerni.Tg
whether to secure" a warrant when dealing with an emergency situation.
However, if entry is refused curing an emergency, the Agency would need
the assistance cf the U.S. Marshal to gain entry, and a warrant could
probably be obtained curing the tine necessary to secure that Marshal's
assistance.
An emergency situation would include potential iinninent hazard
situations, as well as, situations where there is potential for destruction
of evidence or where evidence cf a suspectad violation may disappear curirg
the tine that a warrant is being obtained.
(2) FIF5ft. Inssecticns.
Thera are scrce grounds for interpreting Sarlcw's as not being
anolicable to FITHA inspecticxis. The 3arlcv' s restrictions do not apply
to" areas that have been suoject to a long starcirsg and pervasive history
E-23
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- 6 -
of gcverrment regulation. An Agency administrative law judge held recently
that even aftsr tre garlcw1 s decision, refusal to allow a warrantless
inspection of a FIFRA regulated establishment properly subjected the
owner to civil penalty. N. Jcnas & Co., Inc., I.?. S R CccJcet No. III-121C
(July 27, 1973)". For" the present, ncwever, FLFFA inspections should be
conducted under the sana requiresEnts applicsole to other enforcement
progrsins.
(3) "Ccen Fields" and "In Plain View* situations.
Observation by inspectors of things that are in plain view, (.i.e_. /
of thiixrs that a roenber of the public could be in a position co observe) dees
not require a warrant, Thus, an inspector's observations front the public
area of a plant or even from certain private property not closed to
the public"are admissible. Observations inace even before presentation of
credentials while on private property which is not normally closed T=J the
public are admissible.
D. Securing a Warrant
There are several general rules for securing warrants. TSaree
documents have ta be drafted: (a) an application for a warrant, (b) an
accxiiicanving affidavit, ana (c) the warrant itself. Each document should be
captioned with the District Court of jurisdiction, the title of the action,
and the title of the particular document.
(including, if possible, the owner and/or operator of the site).
The application csn be a one or two pace cccusanc if all cf the factual
background for seeking the warrant is stated in the affidavit, arc the
application so states. The application should be signed by che U.S.
Attorney or by his Assistant U.S. Attorney.
Sbe affidavits in support of che warrant application are crucial
documents. Each affidavit should consist cf consecutivelv numbered para-
If
or incorporate tne neutraj. acnunistzative sevens vvni« j-s t^-« ' *-,n i ^ ror
inspecting the particular establishment. Each affidavit srjsuld be signed
bv scrascne with"personal kr.cwlege of all the facts stated. In cases where
eritrv h^s been denied, this person would mst likely be the inspector
who was denied entry. Note that an affidavit is a sworn statement chat
must either by notarized or personally sworn co before cne magistrate.
E-2A
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- 7 -
Tbe warrant is a direction to an appropriate- official (an H3A
inspector, U.S. Marshal or other Federal officer) to enter a
specifically described location and perfom specifically described
inspection functions. Sir.ce the inspection is United by the terms of
the warrant, it is uncortsnt to specify to the broadest extent possible
the areas that are intended to be inspected, any records to be inspec-
ted,' any samples to be taken, any articles to be seized, etc. While
a bread warrant may be permissible in civil administrative inspections,
a vague or overly broad warrant will probably not be signed by the
magistrate and may prcve susceptible to constitutional challenge
The craft warrant snculd be reedy for tile magistrate's signature at the
time of submission via a motion to quash and suppress evidence in
Federal District court. Once the magistrate signs the draft warrant, it
is an enforceaole document. Either following the magistrate's signature
or on a separate page, the draft warrant should contain a "return of
service" or "certificate of service". This portion of the warrant should
indicate upon whan the warrant: was personally served and should be signed
and dated by the inspector. As they are developed, more specific warrant-
issuance documents will be drafted and submitted to the Segicns.
E. Standards or Bases for the Issuance of Administrative Warrants.
The Barlow's decision establishes three standards or bases for the
issuance of administrative warrants. Accordingly, warrants may be cotained
upon a shewing: 1) of traditional criminal probable cause, 2) of civil
probable cause, or 3) that the establishment was selected for inspection
pursuant to a neutral administrative inspection scheme.
1. Civil specific probable cause warrant.
Where there is seme specific probable cause for issuance of a warrant,
such as an employee complaint or competitor's tip, the inspector shculd be
prepared to describe to the U.S. Attorney in detail the basis for this
prcbaole cause.
The basis for prccable cause will be stated in the affidavit in
support of the warrant. This warrant should be used when the suspected
violation is one that would result in a civil penalty or other civil
action.
2. Civil prc^-^"le cause based on a neutral administrative
inscecto.cn scneme.
Where there is no specific reason to think that a violation has been
committed, a warrant may still be issued if the Agency can snow that the
establishment is being inspected pursuant to a neutral administrative
scnene. As the Succame Court stated in Sarlow's:
E-25
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- a -
"Probable causa in the criinir.al law sense is not required.
For purposes of an administrative search, such as this, crccable
cause justifying the issuance of a warrant nay be based not: cnlv
on specific e/icence cf an existing violation^ but also en a
shewing that "reascnaole legislative or administrative standards
for conducting an ... inspection are satisfied with resect
to a particular [estaolishnsnt] " . A warrant shewing that" a speci-
ric business has been cncsen for an OSES. search en the basis cf a
general acnrLnistrative plan for the enforcement of che act derived
from neutral sources such as, for example, dispersion cf snslcvees
in varicus type cf industries acrcss a given area, and che desired
frequency of searches in any of the lesser divisions of the area,
would protect an employers Fcurtn Amerjfnsnt riches." ~~
Every program enforced by the Agency has such a scheme bv which it cricritizes
ana scaeoules its inspections. For example, a scheme under v
-------
-9-
distincticn between administrative inspections arc criaiir.al varrant
situations is discussed in Section II .A.2.
F. Inspectiix: with a Warrant
Cnca the warrant has been issued by tie magistrate or judge, the
inspector mav crccsed to cr.e establishment to connence or continue che
inspection, "where there is a high probability that entry will be refused
even with a vsrrant or vcere there are threats of violence, the inspector
should be accompanied bv a U.S. Marshal when he goes to serve the warrant
on the recalcitrant cwner. Tie inspector should never himself attempt
to make an-/ forceful enrry of the establishment. If che cwner refuses
entry to an inspector holding a warrant but not accompanied by a U.S.
Marshal/ the ir.spector should leave the establishment and infora the
Assistant U.S. Attorney and the designated Regional Attorney. The/ will
take sncrccriate action such as seeking a citation for contempt. Where
the inspector is accompanied by a U.S. Marshal, the Marshal is principally
charsed'with executing" the warrant. Thus, if a refusal or toreat to
refuse occurs, the inspector should abide by the U.S. Marshal's cecisicn
whether it is to leave", to seek forcible entry, or otherwise.
The inspector should conduct the inspection strictly in accordance
with the warrant. If sampling is authorized, the inspector must be sure
to carefullv follow all crccedures, including the presentation of receipts
for all samples taken. If records or other property are authorized to be
taken, the Inspector rrust receipt the property taken and nsir.tain an
inventory of anything taken, from the premises. This inventory will be
examined by the magistrate to assure that the warrant's authority has
not been exceeded.
2 centuaied rron page a.
to Federal court enforcement when entry is refused". There is thus
sons cuesticn as to lether the existence cf a non-'Aarrant Federal
court "enforcsaent 3iechanisn in a statute requires the use of taat
aechanisni rather than warrant issuance. Wa believe that the Barlcw1 s
decision gives the scencv the choice of whether to proceed thrcugr. warrant
issuance or thrcugn an snplicaticn for an injmcticn, since the cecisicn
is largely based on the "fact that a warrant procedure imposes virtually
no burden on tae inspecting agency. In addition, an agency could attempt
to secure a warrant crier to inspecticn on an ex carte basis, scrrething
not available under normal injunction proceedings. Several cf che acts
enforced bv Z?A have crovisicns allcwing the acministratcr to seec
injunctive" relief to assure compliance wizh the various parts cf a
carticular statute. There may be instances wnere it vvculd be rcre acprc-
criate to seek injunctive relief to gain entry o a facility than to
attsmot to secura a warrant for irspecticn, althcucn at chis point '«e
cannot toinlc cf any. Ecwever, since the arrant crccess will be far
nere exredizicus than cr.e see,
-------
- 10 -
G. fietizninc the Warrant.
After the inspection has been completed, the warrant must be *-« tr-—*
to the magistrate. Whoever executes the warrant, (i.e., whoever ce-fbnrs
t.c inspection), must sign the return cf service fora irdicatim to'wrcm
the warrant was served and the date cf service. Se «*.culd chen^^ur^
the executed warrant to the U.S. Attorney who will fomalV ~*-jmV to
toe issuing ssgiatrate or judge. _ If anything has been physically" taken
from ^.e premises, such as records or sanples, an inventory of such i^sns
mos^ oe sucmittsa to the court, and the inspector rcust be oresent to c~-'*•/
«-hat the inventory is accurata and ccrasleta. " "
III. Osnclusicn
Except for requiring che Agency a foaalj-ze its neutral insoec='cn
acoesBs^ana rsr generally ending the a-cency's autboriw for initi»circr~
civil anc/pr criminal actions for ref'jsal to allow warrantless inscect^cns
^Slav's anould net interfsre with EPA enforeenent inspections.
Where there is doubt as to how to proceed in anv entrv case,
do not^hesitate to call the respective Eeadquarters crccrsa contact far
^^^^^^^^^
Marvin 3. Durning
E-28
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APPENDIX
•Re Appendix contains three attachments.
Attachment I is a warrant application, affidavit: and warrant to
conduct an inspection, viiere the Agency has specific prcbaole cause to
believe that a'cLvil violation of an EPA regulation or Act has cccured.
In particular, care should be taken Li spelling cue tr.e specific facts
that give rise to prccaole cause. Note also, that che sccpe of tr.e
warrant is carefully articulated.
Attachment II is a warrant application, affidavit and warrant to
conduct an inspection in wnich the estaolishner.c to be inspected has
been selected under a neutral administrative inspection scheme. Note
che extraordinary detail cf tr.e adrainistrative scneire describe in
paragraphs 3-2Q of tr.e affidavit:. Such detail s«:uld not be r.ecessary
for IECST: Z?A neutral administrative inspection schsres. ^3ote also
the executed inventory and return of service forxs attached to
Attachment II.
Attachment III contains a neutral adTonistrative scheme for
CFC inspections. In implairenting sucr. a scheise/ tne Regions nsust still
utilize" neutral criteria in selecting the individual establishment to
be inspected.
E-29
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Attachment I
UHITZD STATES DISTRICT C3URT
MI3DLZ DISTRICT OF 13UISZA2IA.
IS TIE MATTZ3 OF
CT.7AN LA::D AIR ,\;:o VATTS.,
CORPORATION. D/3/A CLAW:
SOLLIES e::vi?.c::::i::TAL sxnviczs
OF LOUISIANA i:;CGSJ?G3.\TID;
ESVI?JON:!3£H7AL PURIFICATION
SO'.
APPLICATION FOP. WARRANT 70
EHTZX, i:isp=:c7. PHOTOGRAPH.
SAMPLE. CCLLZC7 ZITFOK'-ATICif .
INSPECT AND COPY
SPA, INC. ; IN I3S3VTLL2
PARISH, LOUISIANA :
TO THS UNITZD STATZ3 IIAGISTZATZ. by the Unicad
Scares of Acerica, Envirsnnentai Pracacrian Agency, through
James Stanley Laselle, Assistanc Unitad Stares Actamey. far
the Kiddie Discrier of Louisiana, hereby applies far a
m franc pursuant ta seerian 208 oz the Federal Wacar Politician
General.. Acr,, 33 C.S.C. L313, and the Sesource Conservation
and Secavery Acr oz 1976, 42 U.S.C. 6927, far rhe purpose of
conducting as inspection as fallows:
To earar ta, upon, or thrau:, . the prasises of a
vaare disposal operation rciawn by variaus naaas including
CLAW facility, vnich consists of three sires, to win
iajecciaa well siia, a field offica and storage tank3,
and waste pits and landfill sira located ia Iber-rilla Parish,
TArt-f si ana ia or near- the Zaycu Scrrslls ccc=ssiry. The
faeiliry can be reached for disposal purposes by truck or
The ownership and operation, of the CLAW faeiliry
disposal operacisri has been Seiovn. by several diff aranr
, tn vie: Clean Land Air Watar Corporation (CLAW);
Z?A, Incarporacad; Snvirsncental Purificacian Advancas^nc;
Eaviransencal Purification Afcaca=anr (ZPA, Inc.) and Hailins
Environmental Services of Louisiana. .A caapany letterhead
usiag the nases of CLAW and IPA, Inc. lists an address of
Bonce 2, 3ox 5302, Plaquesine, Louisiana 70764. Ir is
reported ia the newspapers and elsewhcra, that on July 23,
1978 - three days after the death of the truck criver on the
CLAW facility - that the injection well on the CLAW facilicy
was. sold ta the pjllins Envir=r=cncal Scrviaas of Louisiana.
Unsubstantiatad raports say that CLAW so langer has any
E-30
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assccs , leaving che pics and landfills under che ownership
of I? A, lac. and che isjccsian veil under che ownership of
Bollias. CLAW and Z?A, lac. ass, raporcad co be dif fares,-
coopany and/or corporate aaces far che -sane people. Despice
these passible ownership changss , che CLAW facility apparencly
continues co be aperacad as a single unic. Further, it is
reported chat CLAW or Rollins is under _ a, federal catrrz order
ca honor ica cancrarz wich. a cl'.gTE co acsapc wasca. Far
purposes of chi,^ applies cian, af^idavic and varranc, che
three sices and all operacicns vill be referred ca as CLAW.
Toe field office and scarage .canks are ia o? on
the edge of 3ayou Sorreils; che iajeccian veil sice is abouc
1.6 niles eorchwes-c of Bayou Scrreils- on *** read; che vasce
open piss-Landfills -are locaced appraxinaceiy 7.7 ailes
aorrhvesc of 3ayon Sorrels on che levee- read* Tae address
o£ the CLAW facilirj is Clean. Land Air Kacar Ccrporacicn Z?A
Incarporacad, Saure 2, Box 330 2, Plasueziae, Louisiana.
These CLAW facilicies are kaswo. Ca Z?A iaspecrars and veil
known co local people.
•» The CLAW facility is an escablishaenc subjecc ca
the ret^uiresenss- and prohibicians of che Federal Wacar ?ol-
•
«•
lacion Concrol Ace, iacludia^ b-cc ooc liaiced ca aeecicns
301, 303 and 311, and sections 3007 and 7003 of che SLasotsrra
Canservsdan and Sacavery Acs of 1376 (42 7.3. C. 6901 ee •
Oa Friday, Augusc 4, 1373, Zdward HcHaa, an
enplayee o£ cha U.S. Znviraanens ?racacrion Agency, racuascad
perslssian, ca encar and iaspecc'-che said presises. Despi'ce
such raquesc, esaloyees of said facilicy refused ca gran:
access ca said prcsises ca Mr. 2£c£as, a duly authorised.
inspector of che Isviracsencal ?raceccian Agency.
The deterainacian ca inspeer. said presisas vas
based on che following:
The sheriffs office os Iber'/ille Parish raquascad
EPA 's assiscancs and reporred a deach ac said preaises.
-2-
E-31
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Local unrasc and fear as. che facility was reporcad ca che
Sofarcsseac Division, of Xasisn 71, Dallas, Texas on Tuesday,
jtesusc l. 1973 and E?A was rae-jescad ca iaspecc -he faciliry
vhich is a disposal sica far chesical wascas and an=arsus
oil. vascas of a hazardous sad caxic mc-crs.
>•»«•* local caresc-, aad agicacian and casplaiacs
hanre bees raporcad on. selevislaa. and in nevs-papers csncarr^s.^
tJxe oceracisa of che CLAW facility as well as cha isacisely
deach. of a 19 year old =rosk driver at: said facility while
he va.s di-schar^izg vasca i=ra an open pi: ac che faciliry.
The deach was possibly caused by his -i-halasiac or raxia
f~*m»«» caused by a raaczisn of sixiss- ~cacpacibla caxic
vascaa ia cha open pi=. Allesedly tvo «ye vi.=nesses ca che
-j«a^H of che driver rapcrzad che praaer.es of choking f'^ses
la Che area vfaea chey. opeaed che doors ca cheir cruck zs
esslsc che driver who died< They also raporrad rhac his
srack. was parked ac rhe edge cf cie opea pic cruck ra=p,
vich doors cpea as che ci=e of his daach. Subseeueac
laboraxary cases of wasce eakas frca che pics hava shawa
vasce cac^rials praseac ia che pic, vaich, vaea aiixad wica
^
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as wall as hazardous =3 cha health and-welfare of cicisess.
Be furzher observed hish wacar sarkisgs on =he adjacanc
trees ac che pic sica asd a lack of levees bervees che siras
and che Crasd £iver asd ocher wacarvays. Is addiries, chare
nay be hazardous wastes asd ccsdicicss which say pose a
8ubscas:ial prases:, or* pocascial hazard ~a husas healch
or Che esviran-sess whes ispraperly creaced, scared, crass-
porced. or disposed of, or ocherwise sasagad.
-Th" isspecrias will be esssascad is dayrise
vichia regular bxuisess hours asd will begis as soon as
pracsicabla afrar issuance of *•*••' -«» warrasc and will be
co-solaced wirh raasosable pra-aptness.
The. isspecciatL will be conducted by che
Onicad Stacas Isviras-aescal Pracaccios Agescy (Z?A) isspec-
Cars, who will be acsscpasied by che Usired S&aces Marshal
Co ensure esrry so chac che S?A isspecrors say perfars as
laspeccian of che prasises, isspecs asd copy records, Cake
photographs, gacher isf arsacios asd evidence and collacrz
'saaples is accord wich 33 nSC L21S asd 42 USC 6927.
A recurs will be sade co che .Caur-c upcs canplccioa
of Che isspeccics.
\J2E22J02S, ic is respectfully ra^uescad char, a
^snr ca encar and isspecc che CLAW facility be issued.
Ra-sgecr^ully susmicred.
DONALD L. 3ZL.Ut.-L
UNTIZD
/dAitES STAi^L^'i •-£!•:£•—L (
^A/s.iscanc U.S. Acrsrsay
E-33
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AFFIDAVIT
STATS OF LOUIS IA3A
PARISH OF EAST HA~II 5C'JCZ
I. Zaward McKaa. being duly sworn, hereby depose
and say:
1. I am a duly authorised employee of che 'Caicad
Scacss Znviran=encal rracsczion Agency, and sry cicla is
CaesrLcal Sagiseer. Surveillance and Analysis Division,
Bagiou 71. which includes =he Scaca of Louisiana. la =7-
• »
capacity, I a= responsible far inspeccir.S facilizies sxibjecr
Co vasioxis federal «aviraB=aneai srsruces as direc=ad by ay
2* On Tuesday, Augusc 1, 1S73 frcn, aboiis 7:4.5
p.m. ca 8:45 ?.=.,! =ada a prelizrisary iss?ec=ica of she
CLAW -acilicy a=d cook =vo sasples ac =he opes piss. Oa
Wednesday. Augasc 2, 1973 I cack. a fav phocagrapha of zha
faeilicias fraa arausd 2:20 ?.=. vssLL 5:20 p. a. OB Thursday.
Angusr 3. 197S aceanpanied by a=acher SA errplsyee, 1 -7isi=ad
Che ficiliry a=d area, froa abouc 11:20 a.a. ca 2:00 p. a. and
also caok a fav additional ? coca graphs. Thase brief visizs
ts Cha sire have only i=volved facility asp lay ess a few
miaures each ci=e is crdar ca cbcai= parses f-aa she fiald
o££Lc& and =a open gacas ac various guard houses.
3, On. Friday, Auguac 4, 1973, a local depucy
aheriff . sca=a and local officials and I vere rafused ad=i=-
eatnca =a zhe CLAW facility. Also, CLAW officials wers so
langes ac Che field house or available elsewhere c= issue
passes -a encar. Xy previous sa=?li=3 and inspcecion was
noc snfficienc far lahcracary purposes and seeds =o be
ed.
4. Infarsacion 1 have gacharad in rhe local
ai=7. in newspapers, on raiavisian, fraa laboracary
E-34
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Cases of she sasales, frsa che Ibcrvil'le Sheriff's Office,
and ac cha CLAW facilicy scrangly sugsesc sad supporc che
need Co ericar and inspeec che facilicies far passible Seccion
301. 311 and ocher vielacicns of Che Federal Wacer Pollucion
General. Acs. Further, -ic is possible chas chers are hazardous
vasces and condiciaas an che presises as defined ia Saccisa
lflOA<5^ o£ cha Sasoursa Cccsesvaeiaa asrd Recovery Acs of 1976,
(42 USC 6903) (5) - which, cans ci rue a an *—ri-eag hazard under-
gecciou 7003 of che Rasourcs Ccnsar-/acian and Kacavcry Acz
of 1976 (42 USC 6973). Tiese obs^r-^acians are:
a. Obvious spillage or vasce =acari_al on
the gra\jnds of cha CLAW faciliry suhjeec ca ennari=§ vacervays.
b, Ccncaralnacad landfills vich obvious 17
exposed and danage-d barrels vizb. "hftir cancencs aapcied or
nearly eapcj.
c. Drainage frs= landfills lues a "fishing"
laig'a and other adjaceac areas leading ca variaus wacerways.
d. Open airs esnr-'-Ir.-'.rg oil vasres and
hazaxdaus, caxie cheoical wasces wizb, che appearance of
overflow wasras en che adjacenc grounds as veil &a high
•wacear carks ca trees nexr, ca che open, pics equal ca or
higher rhan che pics.
e. Th-* lack of levees becveen che facilicy
gronnds and drainage areas ca Che Grand River, "fishing
lake", bayous and barrow dicahes.
*J Capias of a faw fa,cili=7 lag recards and
ochor dccT=encs vhish vera praviausly capiad 37 che laeal
Sheriff's office. Tiese recards iadicaca che raceipc and con-
tent: of oil and hazardous cheaical vasces acaepced ac che
facdlir/.
g. 7oor naincananca and slap-p7 "hausekaeping"
praccicas ac che facility vhich laads a raascnable person ca
-2-
E-35
-------
eacarias inca nearby vacarviys ir.clucir.g vscers of che
Uoiced Screes aad ics cribucirias, as veil as posiag a
earsac ca che e:r;-ircr=eas aad che public aeaich and we
of the Caized Seacas.
h. The reporcad death of a 19 year old
crack driver- ac che CLAK (Z?A, lac.) opea piss an July 25.
1978 while he vas discharsi=s vasca is=a an opes ?iz ac che
f«cilir7. lie deach was posaiily caused by his v-Lha.la.-lan
caxic fisaea caused, by a reaczica of 3iixir.s ir.cc=pa=iile
wascaa ia che opea pic. Two eye wirseases Co che
•
death of che driver rasorrad rha praseaca of chokiag fu=es
.ia. eae area vhea chey opened che doors ca chair cr-^ck. ca
aaaisc che driver- who died. .They al_so- reported chac sia
crack was parked ac che edge of che cpea pic wish che dears
open ac che ci~ff of deach. Suhsequeas Liboracary. cases of
vasca eakfin fron che pica have shcva vasca aacariiis vera
preseac ia, che pic, which, vaea =Lxad virh che speas causcic
beiag discharsad frcs che driver's crack could have caused
Che deash. Tiaal aucapsy raporcs are scill peadiag. Is is
' allegedly raporrrad chac CLAW facility officials dirascad che
driver co cake and dischar^s. his vas-ces ca che crusk racp cri
Che edge of aa opea pic. Discharging caxic vasca iaca aa
opea pic ac che edge cf a. pic is aoc a safe, desiraola, or
acsapcabla practice siaca caxic r'~=-tn~*T raaccieas ara very
probable aad caa resulc ia che deach of sayaae aearby.
5. Seesiaa 203 of che. Federal Wacar Pallucian
Csneral Ace. 33 DSC 1313, aad secrica 3007 of che P-esourca
•
Conser-J-acica aad Secavery Ace of 1575, (42 CISC 6527), pra-
vidias far eaary, iaspeericn, racard iaspeccioa aad capyir.g
sad saspliagare raascnable, ia che public iacarssc aad
oecsasary ia order "cd csrry cue che pravisians cf chase
Ae&s, vhich Aces ara designed ca pracacc che eaviren=aac, as
-3-
E-36
-------
veil as she publis heairh. and velfara. la chc iascoac
aatrar i= i.s reasonable sa assu=e iha r.eed far i=spec==.aa
baaed on che iafsrrasion and ohservscioaa sec Quc i» ?aragraph
4 above and is che public iacerass.
EEWAAD C. «C .-
CHFMICAL z:;Gi:;zz3
?2DTZCTIC:i ACZXC'i
Subscribed aad svora ca bezsrs =e
AC Bacon Range, Staca of Lauisiaai.
thia /a , °£ ^ ^- 1973.
E-37 -4-
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srArrs gi3T7_:cT CCUST
DISTRICT cr icur
is TSS :uvrr2?. or
CL2AN LAJTO A£3 AMD
COBPCRATIGN. d/b/a. CLAW;
ETC,/. ST At.
WARRANT Or iHTSY, ISISSiCTICJI
AMD MCN^rOSISG PCTSSUAJfT TC
33 U.S.C.51313 and 42 U.S.C.S5327
TO* TSS CICTSa S-TATIS 0? AT-SSZCA. ONirSB STATSS -Sr^S
?383TSC7:CX AGSJICV. THP.CC'GK ITS 3CT.? CiSZuIIATZS S
OR SEPSSSrzrTATT'/iS, THZ KirTZ3 STACSS MAiiSHAZi OR AMX CT2Z
An application having been aade by the aai^aci Stacss of
America, United Starss i=.Trir=c=entai ?rst«eiics Acency, for- a
warrant of enzrv, issreetiaa aad acnitariig sursTiast t3 33 a.S.S.51313
and 42 U.S.C.SS327, as part of an inspection prsgras designed ta
aassre cc==lia=ca with the Federal. Water 'Sall-itisn Centre! Act
(cc&sionly referred ta as the- Clean Hater Act) , 23 O.S.C.S12S1, et
[., and the Sescurce and Secaver? Act of 137S (42 0.S.C.S52Q1, et
j.J ,. and an Affidavit having been =ade before me by Edward Kc2a=x,
a..duly authorised esplcyee of the United States Znvirocsental
rrotacticn Agency/ that he'has reason ta believe that on the prasises
•hereinafter described- there- exist a danger ta the public's health,
weifare and safety and ta the property, rivers and envirannent of
th» Onitsd States, and that in order ta c*etar=ine whether the
Pederai Watar 5olliitian Central Act (ca=enly referred ta as the
dean Water Act), 33 a.S.C-51251, et aeq., and the Hescurce and
Seeovery Act of 1376 (42 O.S.C.SS3C1, et seq.), and the rules,
regulations and orders issued pursuant ta the Acts have been or
are being violated, an entry on, and inspection and =onitaring
of the said described property is rec^iired and necessary;
E-38
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And, tie Court being satisfied that thera has been a
sufficient shewing thai raasor.ohle legislative or adainistr stive
standards for canducting as iaspectian and investigation have been
satisfied wish res=ec^ ta the said deserved prcper-y and that
Frcoafals. cause exist ta issue a warrant far the e->— T <-,«-,«—:-„
' ' *••• ^-^ ^ f MMdfeJGW -a _ "H /
iavestigatiaa and =cait=riae- or the said described preaisesi
IS IS HS2S3? OHEZ3S3 AMD CSSffittHDEO taat the Caitad Statas
e£ America, Gaited Statas SaviransansaL Sratacxion Agency, thrauch
1*3 diLy designated re=reser.tittive p=- representatives, the United
States Marshal, or any other federal officer are hereby entitled t=
and saali be au*acriied and cerai—ad ta have entry upca. the
folicwing described sroaeirry waica is lacated ia the kiddie Ois-=rict
Ty^T* «;«' irnn
•Taese presises tacwn as the Claw Ccrrcrat-'cn
vasta disposal facility in lierrille Parisn,
Louisiana, also :
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•Trcn the Maid office of d^;j, return ta tic
site of the i.-.iar3cc-isr. as the saved lower ' evee
read and the raid leading =a tne'dca? well in-ecrion
site (Hallos ravirsnsssnsalJ. Proceed sortnwesc
on the ur.paved snail/gravel lower Isvea read
appraxi.T.ai3i-/ 6.1 aiies ta tha entrance read and
bridge leading ra tha gate guard house and gate
°* ta* S3A, lac. waste disposal pits. This sa=e
«n*=anc= road is 7.7 ailas" r.ort-iwesc aiang- tne
lower levee road fzca the iszsrsacticn of the iawer
levee- read and Bayou Scrrei Pcntaca asidge Scac.
IT IS
G2DS3SD that the entsrv, isspesrsiaa.
ti cation a=d =cnit=rl=c aathoripad hereia .^n he caaductad
•
regular- worJeiag hc«rs or at other reasanabla ti=es, wit
rsasonable li=its acd is a. reasonable aanser fraa Si 00 a.a. ta
'10:00 p.a..
2T 2S jU^C'Hii-i OSDSasa that the warrant issued, beraia shaii
be far the ctrrpose of eanducting an entry, inspeetiaa, investigatiaa
and acaitaring pursuant ta 33 C,S.C.SU13 and 42 C.S,C-SSJ27
consisting of the fallowing:
(1} entry ta, open or throuch the above
preaises, JLaeludir.? all * buildings . srruc^ras
equipsent, =achir.es , devices, =areriaJ_s and
ai*as> -a iaspetrr, saspls-, phorserapn, nanitar
or investigate -=ha said pr
(231 access ta, seizure of and copying of ali records
P^s^ai^i^1? ^a or relarsd. ta"ihe oseratian of
the facility, e=Tii=:en-c, vasts satsriais
wnich, are accep-ad and starsd en me =rs=isea
and records which are racjuirad ta be i
tmder 33 Q.S.C.51313 (a) (A) , and 42 a.S..
e-fc ses>^. including any rules.. and rsguia-iion
and orders prcsulgatsd
(3) inspection, including pnotographinc, of any
33 a.S.C.SUiaTaHAf, and 42~tT.S~cl5Z927;"'
<4) inspection, including photographing,of any
equipaent, processes or set-icds used ia sa=n:
aonitaring or ia waste caaracteriaaticn;
(5) inspection, including phatagraphing, of any
ccuipsenu or aethods used ta cisucsa of cr" star?
vasts subscansas; * .
(67 sample and seise any pollutants, effluents.
s™0--/ soil, or otner aateriais or substances
which .T.ay reasonably ie e:
-------
(7} seise, inspect. sanols. and ahetrraph anv
evidence wnic.1 constitutes or raiatas ca'cr
is part o£ a. violatica or tha Faderai '.
-------
inspector presents credentials). However, if the inspector does not have a
warrant the owner may limit the inspector's access to any portion of the
facility.
If an inspector is refused entry into a facility for the purposes of an
inspection under Section 3007 of RCRA, certain procedural steps must be
carefully followed. These steps are as follows:
1 Present proper identification to the facility representative
authorized to consent to an inspection. Consent must be
given at the time of the inspection.
2. Thoroughly document the event, noting time, date, and facil-
ity personnel encountered.
3. If entry is denied, ask the reason for denial.
4 If the problem is beyond the inspector's authority, suggest
' that the official contact an attorney to obtain logs! advice
on his/her responsibility under Section 300/ or Rv.RA.
5 Under no circumstances di-scuss potential penalties or do anv-
which may be construed as tnreatemng.
6 If entrv is denied a second time, exist from the oreir.ises and
document any observations made pertaining to Jie denial,
particularly any suspicions of violations being covered i.p.
7 Report all aspects of denial of entry to the Enforcement
Division for appropriate action to be ta
-------
Conducting an inspection under a search warrant will differ from con-
ducting a normal inspection. The following procedures should be complied
with in these situations:
1. Use of a Warrant to Gain Entry
a. If there is a high probability that entry will be re-
fused even with a warrant or where there are threats of
violence, the inspector should be accompanied by a U.S.
Marshall.
b. The inspector should never himself/herself atts^ot to
make any forceful entry of the establishment.
c. If entry is refused to an inspector holding a warrant
but not accompanied by a U.S. Marsnall, the inspector
should leave the establishment and inform the Enforce-
ment Division Attorney.
2. Conducting The Inspection
a. The inspection must be conducted strictly in accordance
with the warrant. If the warrant restricts the inspec-
tion to certain areas of the premises or to certain
records, those restrictions must be adhered to.
b. If sampling is authorized, all procedures must be care-
fully followed including presentation of receipts for
all samples taken. The facility should also be informed
of its right to retain a portion of the samples obtained
fay the inspector.
c. If records or property are authorized to-be taken, tha
inspector must provide receipts and maintain an inven-
tory of all items removed from the premises.
Inspectors should consult MEIC's procedures for further guidance (sae
Appendix III).
C. PRE-INSPECTIGfl DISCUSSIGM
During the initial inspection, the inspector should, if necessary,
discuss tha provisions of the Act and, if requested, furnish a copy of the
Act and appropriate regulations. The inspector than should outline the
objective; of the inspection and tha order in which various aspects of the
7/8/80 V-5 RCRA INSPECTION MANUAL
E-4J
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STAFF BIOGRAPHIES
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LOUIS W. ADAMS National Program Manager,
Ecology and Environment, Inc. Oil and Hazardous Materials Spill
Control
Hazardous and Radioactive Materials
Specialist
EDUCATION:
M.B.A., Business Administration, University of Alabama, 1967
B.S., Chemical Engineering, Drexel Institute of Technology, 1957
Military training in explosive ordnance disposal and radiological
safety
EXPERIENCE: . .
Mr. Adams is national program manager for E & E's TAT. He directs the
company's 11 teams one in each city where EPA has a regional office as
well as in Cincinnati, where the Environmental Emergency Response Team
is located. His responsibilities include program decision-making
authority, access to E & E's president and to the program's Technical
Advisory Committee for resolution of managerial or technical problems,
interface with the administrative services department, program and TAT
staff coordination, project expediting, implementation of quality
assurance and quality control functions, and interface with E & E's
staff.
Mr. Adams joined E & E as Region II TAT leader for the EPA project.
He directed TAT activities, assigning manpower to and taking part in
oil and hazardous materials spill responses while fulfilling his man-
agerial, communication, and documentation responsibilities. In re-
sponding to oil and chemical spills within a region which includes New
York, New Jersey, Puerto Rico, and the Virgin Islands, Mr. Adams was
involved in determining the extent of the spill; assessing environ-
mental damage; coordinating activities with federal, state, and local
officials; assisting the on-scene coordinator and, upon occasion,
acting as his field representative; and monitoring cleanup activities.
He provided support to the EPA in the investigation of hazardous waste
sites, supervising containment and cleanup activities and assisting in
Federal Emergency Management Agency (FEMA) damage assessments.
In addition to fulfilling the administrative, managerial, and communi-
cation responsibilities of a TAT leader, Mr. Adams provided support to
the National Project Management office in the development of technical
and administrative special projects, including the development of
standard operating procedures regarding entry into hazardous waste
sites and the coordination of the project's respiratory protection
program.
-------
Louis W. Adams (Cont.)
SPECIAL EXPERIENCE:
EPA TAT Responses (Region II TAIL)
Mr. Adams spent three weeks in Puerto Rico assisting the EPA and the
FEMA in assessing the damages resulting from .hurricanes Frederick and
David. The assessment included damage surveys of waste and drinking
water systems and containment and cleanup of oil released from damaged
tankers and planes. Under Mr. Adams' direction, Region II TAT members
also aided in the coordination of FEMA damage surveys in Chautauqua
County, New York, following a severe flash flood.
He monitored the collection of toxic materials at a hazardous waste
landfill in Edison, New Jersey. He assisted the EPA, Coast Guard, and
state representatives in collecting data, developing a sampling plan,
and providing technical support for an operations center in response
to an intense chemical fire that erupted in a warehouse in Elizabeth,
New Jersey. In Wellsville, New York, Mr. Adams monitored cleanup
operations of a fire involving pesticides and herbicides which, when
extinguished with water, entered and contaminated Dyke Creek and the
Genesee River.
He responded to a major oil spill in Oldwick, New Jersey, monitoring
the containment and cleanup of 7,000 gallons of oil, and assisting in
the investigation of the resultant fishkill. Mr. Adams represented
the on-scene coordinator, determining the proper procedures for
cleanup of a salt brine spill in Linden, New Jersey. In another
response situation in Linden, he provided technical assistance,
conducted water quality surveys, and assessed the resulting fishkill
after the derailment of a tank . car containing 30,000 gallons of
sulfuric acid. He performed perimeter and on-site inspections for
eight hazardous waste sites, compiling and reviewing background
information on these and eight other sites within the region, and
conducted Spill Prevention, Control, and Counter-measure (SPCC)
inspections for oil bulk storage and distribution centers. Mr. Adams
directed the cleanup of a 50,000-gallon jet fuel spill on Staten
Island, New York; the asbestos contamination of a drainage area in the
Bronx, New York; and a methyl alcohol spill in Edison, New Jersey.
Hazardous and Radioactive Materials—Army
During his 21-year military career as a Chemical Corps officer, Mr.
Adams developed a wealth of experience in the handling, transporta-
tion, security, and disposal of hazardous and radioactive materials.
As radiation protection officer, he supervised packaging, loading, and
transporting of hazardous and radioactive materials in accordance with
Interstate Commerce Commission and Atomic Energy Commission regula-
tions and directed disposal operations for such materials in the
United States and abroad.
While directing activities of 15 army bomb squads located in Greece,
Italy, Turkey, and Germany, he was in charge of mission assignments,
-------
Louis W. Adams (Cont.)
financial planning, training, and inspection of operations involving
nuclear weapons disposal and detection and dismantling of terrorist
bombs. He was principal advisor to the Commanding General, U. S. Army
Euro.pe, for these activities and directed a special program countering
explosive devices of the Baader-Meinhoff terrorist organization.
Mr. Adams acted as army staff executive agent for the security of
chemical weapons storage testing and training sites. In this regard,
he developed and published the first comprehensive army procedures for
site protection including chemical accident and incident control,
emergency reaction force deployment, and personnel screening and eval-
uation. He assessed the adequacy of local security programs at chemi-
cal installations and served as advisor to the army staff on develop-
ment of bomb squad procedures for chemical weapons.
During his army career, Mr. Adams administered and instructed programs
for the security of radioactive isotopes and hazardous chemicals dur-
ing storage, transit, and dismantling. He created and directed units
to escort hazardous and radioactive materials and was responsible for
developing army policies and procedures regarding the control of chem-
ical accidents. He developed and published the first comprehensive
army directive prescribing security procedures for the protection of
chemical sites against a terrorist threat.
As part of his work on army security programs, Mr. Adams screened and
evaluated security personnel, wrote security procedures, controlled
chemical accidents and incidents, and handled emergency reaction force
procedures. As studies officer, he conducted long-range studies for
equipment, training, and organizational requirements for handling
hazardous and radioactive materials.
As army radiation protection officer, Mr. Adams organized and directed
a special unit to escort chemical ammunition from the manufacturing
plant to storage depots. The safety program he developed resulted in
an accident-free record for the two years he was in the unit.
He has served as director of a military school and has taught tech-
niques for dismantling terrorist bombs, military ordnance, and nuclear
weapons. Most civilian bomb squads are trained at this school. Dur-
ing his tenure, the school he directed was honored for its contribu-
tions to law enforcement and public safety by a resolution of the
Mississippi legislature.
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RICHARD C. BENSON
Technos, Inc.
EDUCATION:
B.S. , Geophysics
Graduate Studies in Ocean Engineering
Registered Geologist GA #312
A.I.P.G. Prof. Geologist #3686
EXPERIENCE:
Mr. Benson is the senior executive and chief scientist for Technos
Inc. He founded the company in 1972 .to provide state-of-the-art
consulting services within the field of the earth sciences. He
possesses a broad background in many of the earth sciences and is
considered an authority in engineering geology and Karst problems.
His development of the hazardous Karst model used by Technos was a
major breakthrough in dealing with subsidence in Karst areas. He has
evaluated numerous geotechnical problem sites including landslides,
dams, sinkhole collapses, and subsidence. In addition, his experience
covers a wide range of geohydrologic problems including landfills,
saltwater intrusion, and aquifer exploration and assessment, as well
as extensive hazardous material site assessments. Such work has been
carried out for chemical manufacturers, mining operations, municipal
governments, and Federal agencies, including the Array Corps of
Engineers, USDA Soil Conservation Service, and Bureau of Land
Management, and USGS Water Resources Division.
Under his guidance Technos has achieved numerous technical break-
throughs in the application of new approaches for assessing geohydro-
logic and engineering geologic problems. Many of these methodologies
are unique to the firm. Mr. Benson is author or co-author of 16
technical papers and a member of numerous professional societies.
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DAVID A. BUECKER
Ecology and Environment, Inc.
Region IX, FIT Member
Environmental Health Specialist
Toxic and Hazardous Materials
Specialist
Industrial Health Specialist
Safety and Risk Analyst
EDUCATION:
M.S., Public Health, University of North Carolina, 1978
Additional graduate courses, Environmental Engineering, State
University of New York at Buffalo, 1980
B.S., Biology, Florida State University, 1975
EXPERIENCE:
Mr. Buecker of E & E's San Francisco office has experience in hazard
and risk analysis and in the design of comprehensive environmental
health programs. He has performed industrial hygiene investigations
for methylene chloride and for methane gas. He has investigated the
public and occupational aspects of coal gasification. His training
and experience include the handling of toxic and hazardous substances.
He has provided expert testimony and has given public presentations
concerning his projects.
He designed an occupational health program for an industrial complex
in Santa Cruz, Bolivia. The program required the identification of
potential industrial health and safety hazards and the development of
organizational structure, equipment, and personnel requirements for
its industrial hygiene and occupational medicine components.
He conducted E & E's investigation of methane gas generation from a
sanitary landfill, the operator of which was applying for a facility
extension permit in Garfield Heights, Ohio. The project required Mr.
Buecker to determine and clarify qualitative and quantitative differ-
ences in the composition of landfill and natural gas, gas migration
patterns through compacted solid wastes, gas formation processes,
environmental parameters affecting gas generation, and analytical
testing methodologies. He performed an on-site survey and evaluated
gas samples. He provided expert testimony at an administrative hear-
ing before the Ohio Environmental Review Board concerning the gener-
ation of gas at the landfill.
.He prepared a risk analysis of the movement of hazardous materials by
rail, including accident probability and severity analysis, failure
mode analysis, demographic profiling, and determination of potential
liability. He has investigated asbestos exposure and use in community
schools and has recommended corrective action. He has researched the
causes of byssinosis in textile workers through the use of pulmonary
function testing and laboratory bioassays.
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STEVE CALDWELL
U.S.. Environmental Protection Agency
EDUCATION:
B.A., History and Geography, Valparaiso University, 1969
Graduate work in Geography,' University of Arizona
Research at the University of Arizona Dendrochronology Laboratory
EXPERIENCE:
Mr. Caldwell's experience includes:
o Drafting of notification (Section 3010) guidelines under RCRA
o Developing a damage assessment program to support RCRA regula-
tions
o Developing enforcement suppport in imminent hazard cases
o Developing the Guidance Manual for the Investigation of
Hazardous Waste Disposal Sites
o Managing the project to develop guidance for setting
priorities and the development of the form for use in a data
management system
SPECIAL EXPERIENCE:
Mr. Caldwell taught for three years at the International Christian
University in Tokyo, Japan.
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PAUL F. CLAY Region I, Assistant
Ecology and Environment, Inc. FIT Leader
EDUCATION:
M.S., Chemistry, University of New Hampshire at Durham, 1973
B.A., Zoology, cum laude,. University of New Hampshire at Durham, 1969
EXPERIENCE:
Mr. Clay is E & E's Assistant Team Leader for its Region I (Boston)
team for the Field Investigation of Uncontrolled Hazardous Waste
Sites. He has developed an inventory of hazardous waste cleanup
contractors in Region I, including information on their licensing and
equipment capabilities. He also developed a list of well-boring
contractors for possible use in groundwater monitoring at hazardous
waste sites. He is presently involved in developing standard
operating procedures for collection of environmental and hazardous
waste samples.
Mr. Clay has attended courses concerning the field monitoring and
analysis of hazardous materials both in Buffalo and in Cincinnati at
the EPA's National Training Center. He is familiar with field and
laboratory analytical techniques and sampling methods for hazardous
waste sites. He has served as the designated training officer for the
Region I field investigation team.
As an environmental administrator for the city of Haverhill, Massachu-
setts, he interfaced with local, state, and federal government agen-
cies and with the community. He was also involved with the solid and
hazardous waste disposal problems of the Boston area. He reviewed
existing solid waste facilities in New York and New England and pro-
vided input for the proposed siting of a solid waste disposal facility
in Haverhill. He reviewed environmental impact statements pertaining
to wetlands and the Massachusetts State Wetlands Protection Act. He
wrote a watershed/wetlands zoning ordinance, that was subsequently
adopted by the city council. His responsibilities also included bud-
get administration, personnel supervision, and the holding of public
hearings pertaining to environmental quality.
SPECIAL EXPERIENCE:
Gas Chromatography/Infrared Spectrophotometry
Paul Clay was the recipient of a National Science Foundation grant to
obtain a master's degree at the University of New Hampshire. His
independent research involved the use of gas chromatography and infra-
red spectrophotometry to analyze human tissue fat for DDT residues.
Teaching
His experience includes 11 years of teaching chemistry at the
secondary and community college levels.
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Paul F. Clay (Cont.)
SPECIAL EXPERIENCE:
Gas Chrotnatography/Infrared Spectrophotometry
Paul Clay was the recipient of a National Science Foundation grant to
obtain a master's degree at the University of New Hampshire. His
independent research involved the use of gas chromatography and infra-
red spectrophotometry to analyze human tissue fat for DDT residues.
Teaching
His experience includes 11 years of teaching chemistry at the
secondary and community college levels.
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Paul F. Clay (Cont.)
EMPLOYMENT:
Ecology and Environment, Inc., Buffalo, New York, 1980-present
Danvers High School, Danvers, Massachusetts, Biology, Chemistry, and
Ecology Teacher, 1969-1980
Northern Essex Community College, Haverhill, Massachusetts, Division
of Continuing Education, Instructor of Chemistry, Anatomy, and
Physiology, 1974-1980
City of Haverhill, Massachusetts, Member of Solid Waste Technical
Committee, 1975-1978
City of Haverhill, Massachusetts, Member of Conservation Commission,
1973-1978
Massachusetts Department of Mental Health, Danvers State Hospital,
Danvers, Massachusetts, Psychiatric Aide, 1966-1969
BIBLIOGRAPHY:
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Paul F. Clay (Cont.)
PROJECTS AT E & E:
EPA-2, EP-980
See experience Summary.
LANGUAGE CAPABILITIES: GERMAN
Reading: Fair, semitechnical
Writing: Passable, nontechnical
Speaking: Fair
BID PROPOSALS AND REPORTS BIOGRAPHY HAS BEEN USED IN:
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DAVID L. DAHLSTROM
Ecology and Environment, Inc.
Occupat ional/Environmental
Health Specialist
Radiological Health and Safety
Specialist
E & E Corporate Safety
Director
EDUCATION:
M.S., Environmental Sciences and Engineering, Drexel University, 1978
B.S., Chemistry/Biology, University of Tennessee, 1973
EXPERIENCE:
Mr. Dahlstrom is E & E's corporate safety director. He has served as
E & E's technical assistance team leader in Cincinnati for the Oil and
Hazardous Substances Spill Prevention and Environmental Emergency
Response Program for the United States Environmental Protection
Agency.
He has been responsible for training EPA, Coast Guard, and E & E
personnel about hazardous material incident mitigation and response,
respiratory protection and protective clothing, field instrumentation
and analysis, hazard assessment, and standard, operating procedures
concerning hazardous materials. As a member of E & E's health sur-
veillance committee, he has provided input concerning general safety
practices for personnel involved with hazardous waste sites and toxic
material spills. He was extensively involved in the formulation of
E & E's hazardous materials response program. He has also developed a
technical plan for E & E's activities regarding the Toxic Substances
Control Act and is experienced in applying the regulations stemming
from the Occupational Safety and Health Act.
He has participated in numerous hazardous waste site investigations
and emergency responses including on-site surveillance of a two-day
fire involving hazardous materials in Denver, Colorado.
In previous assignments, he used acid containment principles in con-
trolling low-grade thorium emissions which had reached a stream after
leaking through a containment dike. He is experienced in handling
inorganic chemical compounds including a wide range of solvents and
hazardous dust, often containing radioisotopes.
SPECIAL EXPERIENCE:
Toxic and Hazardous Substances Management
Mr. Dahlstrom has worked on control and containment of oil and haz-
ardous chemicals. He participated in the containment of an oil spill
on the Tennessee River which threatened to affect municipal water sup-
plies. He has studied the use of biological controls to degrade oil
spills, specifically Acinebacter phosphadevorus, a microorganism
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David L. Dahlstrom (Cent.)
capable of assimilating phosphates and oil which is superior to other
microorganisms for oil cleanup because of its capability to digest a
large number of carbon compounds. He studied the hazards and risks
involved with an LNG terminal near Pascogoula, Mississippi.
While at W. R. .Grace Chemicals, Mr. Dahlstrom also was involved with
the planning for control and containment of a low-grade thorium
compound which had reached a stream after leaking through a
containment dike. He traced the dispersion of the thorium in the
environment. He learned and applied the principles of acid
containment and protection, particularly with hydrofluoric,
hydrochloric, perchloric, and sulfuric acid. While in this position,
he served as chairman of the Plant Communications Council.
Prior to his association with Grace, Mr. Dahlstrom worked for Cutter
Laboratories in Chattanooga where his activities involved biological
analysis of raw materials and finished products, clean room opera-
tions, and the biological seeding of intravenous solutions. He gained
extensive experience in the control of hazardous microbiological
materials, including yeasts, molds, and fungi. He was involved with
the requalification by the United States Food and Drug Administration
of a plant producing intravenous solutions.
During his graduate studies, Mr. Dahlstrom specialized in radiological
health and safety and occupational/environmental health. In his
master's dissertation, which contributed to the State Health Plan for
Pennsylvania, he examined environmental and occupational factors as
causes for lung cancers and other cancers in terms of industrial and
community health.
Laboratory Analysis
Mr. Dahlstrom is proficient in analytical procedures using infrared
spectroscopy, gas chromatography, ultraviolet adsorption, atomic
adsorption, magnetic resonance, and emission spectroscopy and is
experienced with the use of radioisotope survey and monitoring
instruments and systems.
At Velsicol Chemical Corporation, where he worked as an analytical/
quality control chemist, he was involved with the handling of many
organic solvents, including benzene compounds, toluene, MBK, and MIBK.
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ANTHONY A. FUSCALDO Region III, Assistant FITL
Ecology and Environment, Inc. . Safety,Officer
EDUCATION:
Ph.D., Microbiology, Indiana University, 1967
M.S., Virology, St. John's University, 1963
B.S., Biology, St. John's University, 1961
Special training in Biohazard and Injury Control, Minnesota School of
Public Health; Cancer Research Safety, National Cancer Insti-
tute; Town Planning, West Chester State College
EXPERIENCE:
Dr. Fuscaldo joined E & E as assistant team leader for the Region III
(Philadelphia) team for the Field Investigation of Uncontrolled Haz-
ardous Waste Sites. His primary responsibilities have concerned
health and safety including personnel training, decisions regarding
procedure and equipment in the field, and input to standard operating
procedures during field investigations. He is also responsible for
coordinating safety procedures for subcontractor personnel and for
directing Region III FIT field operations. This involves scheduling,
planning, and supervision of operations from preliminary assessment of
hazardous waste sites through the site visit and final report.
Prior to joining E & E he was employed at the Cancer Institute of
Hahnemann Medical College as Director of the Electron Microscopy
Laboratory. He headed the research laboratories for the Institute s
Medical Oncology Division. He directed the Division of Tumor Biology
for the Department of Medical Oncology and Hematology, with responsi-
bility for the electron microscopy laboratories, the viral oncology
laboratories, the tissue culture laboratories, the biochemistry
laboratories, the biohazard laboratory suite, the instrumentation
laboratory, the cytogenetic facilities, and the division library.
Because of his experience with biohazard laboratories at the Army
Biological Laboratories at Fort Detrick, Maryland; radiological safety
at Merrell-National Laboratories; carcinogenic safety at the Cancer
Institute; and various National Institute of Health Safety symposia,
he was appointed Carcinogenic and Biosafety Officer at Hahnemann Medi-
cal College and Hospital. In this capacity, he wrote "Hahnemann
Institutional Life Safety Committee Standards for Laboratory Opera-
tions Involving Carcinogens" and instituted procedures to implement
the regulations. He was appointed Chairman of the Institutional
Biosafety Committee which is charged with monitoring recombinant DNA
research and other biohazards within the medical school and hospital
complex.
He edited the "Handbook of Laboratory Safety" for Academic Press, Inc.
It covers all aspects of laboratory safety from psychological factors
and medical surveillance; through physical and electrical safety; to
laboratory techniques such as animal handling, radiation safety, bio-
safety, and carcinogenic and toxicological problems. He assisted in
planning and teaching a course in environmental hazards of the labora-
tory at Hahnemann Medical College.
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AnChony A. Fuscaldo (Cont.)
SPECIAL EXPERIENCE:
Cancer Research
As a principal investigator in the viral genetics branch of the Army's
Virus Rickettsia Division at Fort Detrick, Maryland, Dr. Fuscaldo was
responsible for overseeing the work of three research teams. He held
administrative responsibilities for personnel, budget, technical plan-
ning, and reports.
In 1970, he was a member of a committee of five scientists lobbying
for the conversion of Fort Detrick to a Cancer Research Center. His
primary task was political liaison with federal and state officials..
He maintained an active relationship with members of Congress and
their staffs. He was also the public relations officer for the group^
His efforts in this area resulted in favorable reports in newspapers
such as the Washington Po s t, Washing.tq n S tar, and Baltimore jun; in
national scientific publications such as Science and Nature; and on
television including Metro Media TV. and the ABC evening news. In
1972, Fort Detrick was converted to the Frederick Cancer Research
Center.
He was the sole editor-consultant for the Cancergram entitled "Virus
Studies in Humans and Other Primates," an information service provided
to researchers .by the Franklin Institute under contract from the
International Cancer Research Data Bank (ICRDB) program of the
National Cancer Institute. In addition, he has also acted as a con-
sultant for the Cancergrams entitled "Antigens Associated with Cancer-
Related Viruses" and "RNA Viruses Associated with Cancer" (excluding
Studies in Avian and Primate Systems).
Viral Vaccine Research
At Merrell National Laboratories in Pennsylvania, his responsibilities
included the development of testing procedures for vaccine purity and
the development of new viral vaccine strains. The former responsibil-
ity involved the use of isotope dilution techniques, as well as
developing new radioimmunoassay techniques. The latter responsibility
included the writing of IND1s for new virus vaccine strains. He was
also the radiation safety officer for the Swiftwater plant. During
his tenure, Atomic Energy Commission radiation inspections resulted in
approved ratings.
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RAYMOND D. HARBISON, PH.D. Advisor for Health
Department of Pharmacology Surveillance Program
and Biochemistry and Training Pro-
Vanderbilt University grams, Oil and Haz-
School of Medicine ardous Substances
Spill Prevention and
Emergency Response
Program
Dr. Harbison has worked as a consultant to E & E. During early phase
of both the TAT and FIT, he served as a lecturer in toxicology and
health, and safety aspects of handling hazardous and toxic wastes. He
was the advisor and monitor of the health surveillance program which
was developed for E & E TAT and FIT programs.
For E & E, Dr. Harbison has a 24-hour emergency toxicological service
in case E & E personnel are exposed to chemicals. Dr. Harbison
directs the National Hazardous Materials Training Course which is
sponsored by the Toxic Substance Control Institute. The course was
originally developed in conjunction with the EPA, and has been used to
train EPA on-scene coordinators of hazardous materials spills and
United States Coast Guard and Navy personnel.
Dr. Harbison's additional background and experience are summarized
below:
o Editorial Board, Teratogenicity, Mutagenicity, Carcinogen-
icity, 1979-present
o Society of Toxicology Achievement Award, 1978
o Scientific Program of National Center for Toxicological
Research, 1977-1978
o Professional Affairs Committee, . American Society for
Pharmacology and Experimental Therapeutics, 1977-present
o National Institute on Drug Abuse—review of DAWN (Drug Abuse
Warning Network), 1977-present
o Editorial Board, Environmental Health Sciences, 1976-present
o National Academy of Science, Advisory Center for Toxicology—
revision of Toxicity Testing Procedures for Consumer Protec-
tion Agency, 1976-1977
o National Institute on Drug Abuse Center Review Committee,
1975-1976
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Raymond D. Harbison (Cont.)
o National Institute on Drug Abuse, Clinical Behavioral Review
Committee, 1974-1975
o Standing Policy Committee on Biomedical Sciences, Vanderbilt
School of Medicine
o Consultant, Congressional Committee on Safety Assessment of
Chemical Additives and Drugs, 1974-present
o Editorial Board, International Journal of Addictive Diseases,
1974-present
o Chairman, Technical Committee of the Society of Toxicology,
1975-1976
o Co-chairman, Technical Committee of the Society of Toxicology,
1974-1975
o National Institute of Mental Health—Narcotic Addiction and
Drug Abuse Review Committee, Biomedical—Ph'armacology—Toxico-
logy, 1971-1975
o Vanderbilt University School of Medicine, Associate Professor
of Pharmacology and Biochemistry, 1977-present
o Vanderbilt School of Medicine, Assistant Professor of Pharma-
cology and Biochemistry, 1972—1976
o Director of Teratology Section, Laboratory of Environmental
Health, Department of Medicine, School of Medicine, Tulane
University., 1971-1972
o Tulane Medical School, Assistant Professor, Department of
Pharmacology, 1971-1972
o Tulane Medical School, Instructor of Pharmacology, 1969-1970
o USPHS Trainee, University of Iowa, Department of Pharmacology,
College of Medicine, Iowa City, Iowa, 1965-1969
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ROBERT J. KING Assistant National Project Manager
Ecology and Environment, Inc. for Training and Safety, Field
Investigation
Public Health Specialist
Technical Advisor
EDUCATION:
M.P.H., University of Minnesota, 1972
United Nations Graduate Program on the Human Environment, 1972
B.M.E., University of Minnesota, 1968
EXPERIENCE:
Mr. King recently returned to E & E as the assistant national project
manager for training and safety for E & E's contract with the United
States Environmental Protection Agency for the Field Investigation of
Uncontrolled Hazardous Waste Sites. In addition to his public health
training and managerial experience, he has a long history of practi-
cal field experience .with the oil, gas, and synthetic fuel industries.
Mr. King was responsible for environmental work on a $40—million tech-
nical support contract with the Department of Energy's (DOE's) Divi-
sion of Fossil Fuel Processing coal conversion program. He acted as
environmental advisor for coal conversion programs including the SRC I
and SRC II coal liquefaction demonstration facilities in Kentucky and
West Virginia. He also managed a number of coal conversion investiga-
tions entailing environmental studies for a coal gasification multi-
test facility; environmental surveillance on the construction of a
gasifier-in-industry program; and a peat gasification development pro-
gram.
For the multi-test facility, Mr. King managed and participated in site
feasibility studies, evaluated environmental regulations, and estab-
lished design criteria for waste treatment process. . For the coal gas-
ification demonstration program, he evaluated requirements and compli-
ance needs of the Resources Conservation and Recovery Act. For the
gasifiers-in-industry program, he evaluated environmental permit re-
quirements and monitored the construction of facilities for compli-
ance. He participated in employee and public safety reviews for two
competing processes for the coal liquefaction program.
In addition, he headed a team which evaluated the environmental and
technical issues that could potentially constrain development of al-
ternate fuel technologies. The issues included the siting of coal
liquefaction facilities to meet the President's Executive Order and
peat gasification program. In support of DOE Headquarters, he moni-
tored the environmental work of other support contractors, process
developers, ORNL and ORO.
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Robert J. King (Cont.)
Mr. King has worked as an air pollution/public hea-lth specialist and
project engineer at E & E. He was assigned to environmental assess-
ments of energy-related .facilities and evaluation of OSHA require-
ments. He was responsible for characterization of all potential pol-
lution sources, dissemination of these analyses to other members of
the review team, and direction of the air pollution analyses of the
atmospheric environment and proposed projects' impacts.
SPECIAL EXPERIENCE:
Alaska
As assistant project manager for E & E's Trans-Alaska Pipeline proj-
ect, Mr. King assembled a five-report summary of procedures for envi-
ronmental design considerations, the oil spill contingency plan, envi-
ronmental compliance, fuel gas line construction, and the evaluation
of oil spill incidents at Alyeska's Marine Terminal. These reports
represented a compendium of extensive field experience and were writ-
ten to serve as training guides and field manuals for future major
arctic construction activities such as the approved ALCAN gas pipeline
project.
-He devised and conducted an oil spill demonstration program to eval-
uate Alyeska's readiness to execute its oil spill contingency plan.
This program evaluated equipment allocation and readiness, personnel
training, and the actual response to spill conditions which would be
encountered in Alaska.
He also held responsibility for the design review of the Trans-Alaska
Pipeline System's Valdez terminal. He managed E & E's field surveil-
lance program. His responsibilities included the response to oil
spills; improvement of fuel handling procedures; and evaluation of
life support systems such as sewage plants, potable water supply fa-
cilities, incineration, and other waste disposal techniques.
In addition to field surveillance duties, Mr.'King directed the devel-
opment of the Alaska Pipeline Office Oil Spill Response Manual for the
Department of the Interior. He prepared and conducted a training pro-
gram for government representatives who will be on-scene coordinators
in the event .of pipeline-related spills. During startup of the TAPS,
he was the lead environmentalist on the control and cleanup of four
crude oil spills involving a sabotage incident, explosion of a pump
station and leaks from valves.
Air
He has managed environmental projects dealing with ambient air moni-
toring, air pollution source compliance testing, solid and liquid
waste management studies, and studies of leachate from landfills.
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MARTIN S. MATHAMEL Region V, FIT Member
Ecology and Environment, Inc. Chemist
EDUCATION:
B.S., Chemistry, University of Michigan at Ann Arbor, 1971
Graduate courses, Chemistry, Loyola University, 1979; Eastern Michigan
University at Ypsilanti, 1973
EXPERIENCE:
Mr. Mathamel joined E & E as a member of its Region V (Chicago) team
for the Field Investigation of Uncontrolled Hazardous Waste Sites.
He previously supervised-a computer-assisted forensic and industrial
consulting laboratory in Illinois. His work included the use of gas
and high-performance liquid chromatography, infrared and ultraviolet
spectroscopy, microscopy, and wet chemistry. He has performed EPA
stationary source and hydrocarbon compliance testing, as well as
Occupational Safety and Health Act (OSHA) sampling. He has provided
expert testimony in conjunction with his assignments.
Mr. Mathamel has conducted arson investigations and has analyzed fire
accelerants in fire debris and has performed flashpoint and flammabil-
ity testing. He has evaluated explosives and assisted in the prepara-
tion and presentation of a seminar entitled "Professional Techniques
in Investigating Accidents."
In addition, he has applied instrumental and analytical laboratory
procedures to air and water pollution, and to plastic and rubber
analysis. ' In Illinois, he supervised a year-long ambient air sampling
program with the EPA in conjunction with the University of Illinois.
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JAMES B. MOORE Region IV, FIT Member
Ecology and Environment, Inc. Hydrologist
EDUCATION:
M.S. Candidate, Forest Resources/Forest Hydrology, University of
Georgia
B.S., Biology, The Citadel, 1970 •
EXPERIENCE:
Mr. Moore joined E & E as a member of its Region IV (Atlanta) team for
the Field Investigation of Hazardous Waste Sites.
Mr. Moore has 10 years' experience in hazardous waste management and
environmental assessment, remote sensing, water quality research, and
military administration and command. He has experience in Georgia as
an ecologist and engineer on hazardous and residual waste management,
flood insurance, and terrain analysis projects. He has used remote
sensing data in environmental- assessments of land use changes, water
quality research, and non-point-source pollution control.
Mr. Moore developed hazardous waste management planning programs for
the states of Tennessee and Alabama. He supervised a six-month survey
of 400 industrial residual and hazardous waste generators, trans-
porters, and disposers in the state of Alabama to determine best
residual waste management plans for the state and private industry.
In addition, he supervised an intensive effort to determine disposal
methods at 17 army ammunition plants and depots.
SPECIAL EXPERIENCE:
Hydrology/Water Quality
Mr. Moore has assisted in base condition hydrologic analysis and
hydraulic modeling for flood insurance studies for several cities and
counties in Georgia. He supervised the preparation of -environmental
assessments for a beach nourishment project on the Gulf Coast, an
industrial effluent pipeline route through an endangered species hab-
itat, and a metropolitan water supply study.
As a graduate research assistant, Mr. Moore collected, collated, and
analyzed water quality data from first experimental watersheds located
in Piedmont physiographic region of Georgia. Implemented experimental
procedures used in water quality, erosion, sedimentation, and non-
point-source .pollution control studies.
Lanj Use
Mr. Moore coordinated acquisition and analysis of data from remote-
sensing satellites (LANDSAT) to determine the state-wide environmental
and economic impacts of placing marginal, sub-marginal, and Soil Bank
land into crop production. He used R-Index Method and specially
developed land resource units to determine state-wide, non-point-
source pollution caused by herbicide, insecticide, and fertilizer use.
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BOYD N. POSSIN Region V, FIT Member
Ecology and Environment, Inc. .Hydrogeologist
EDUCATION:
M.S., Geology, University of Wisconsin at Madison, 1973
M.S., Water Resources Management, University of Wisconsin at Madison,
1972
B.S., Earth Science Secondary Education, University of Wisconsin at
Madison, 1970
PROFESSIONAL AFFILIATIONS:
Geological Society of America
American Water Resources Association
American Water Well Association
EXPERIENCE: .
Mr. Possin is the assistant team leader and training officer for
E & E's Region V (Chicago), office under the FIT contract. He has
eight years of hydrogeplogical experience in the Great Lakes area and
has conducted and managed a wide variety of environmental studies.
With E & E, he has acquired field experience in the investigation of
hazardous waste sites. He has completed onsite evaluations of soil
and groundwater contamination in Minnesota and Ohio. In Michigan, he
has determined the effects of a hazardous waste landfill on the
Detroit River. In previous experience as a team leader on a contam-
inated waste processor project for the Corps of Engineers in
Huntsville, Alabama, he developed waste handling and processing alter-
natives for pyrotechnics, explosives, and propellants.
As the manager of a regional office of an environmental consulting
firm in Chicago, he was previously responsible for environmental moni-
toring, preparation of environmental impact statements and reports,
and preparation of reports dealing with various aspects of flood
control.
As a self-employed environmental consultant, he performed monitoring
and feasibility studies for 27 Inland Lake Protection and Rehabili-
tation districts in Wisconsin. He also conducted studies of ground-
water contamination from waste disposal operations.
As a researcher at the University of Wisconsin, he was responsible for
designing and implementing a field program for developing the surface
and groundwater hydrologic regimes of two lakes in Wisconsin.
In Pennsylvania, he participated in several types of hydrogeological
consulting projects including the preparation of draft environmental
report modules for sanitary landfills and spray irrigation sites. He
also served as project manager for the preparation of the groundwater
quality plan for the seven-county Philadelphia region as part of
Pennsylvania's version of the 208 planning process.
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JOHN. R. TOTIN Region VI, Assistant FIT Leader
Ecology and Environment, Inc. Chemical Engineer
EDUCATION:
B.S., Chemistry, Boston College, 1957
EXPERIENCE:
Mr. Totin joined E &. E as assistant team leader for the Region V.I
(Dallas) Field Investigation of Uncontrolled Hazardous Waste Sites
which the company is performing for the United States Environmental
Protection Agency. He previously served for 21 years with the United
States Army, earning the rank of lieutenant colonel in the Chemical
Corps. He has extensive experience in problem solving and planning
and allocation of scarce resources to provide environmental protection
.from toxic chemical and radiological agents. He expedited and direc-
ted the massive movement and storage of chemicals; developed and mon-
itored training exercises for the handling of toxic agents including
substance identification, decontamination, and casualty management;
and wrote contingency plans for both military operations and regional-
management, of nuclear, or chemical accidents within a four-state area.
He is skilled in training and directing .technical work groups, inter-'
personal communications, and budget planning and coordination. He
also has prepared environmental impact assessments to support the. use
of simulated toxic chemical agents in training.
Mr. Totin has considerable expertise in coping with nuclear and chem-
ical accidents, as well as in the study of technical analysis and com-
putations related to protection of personnel and work- environments
from harmful dosages.of radiation.
Mr. Totin has been a speaker at several National Governors Association
conferences on landfill, hazardous waste, and resource conservation
and-recovery task forces. He has addressed special interest groups in
the Chicago area and has participated in public hearings regarding
toxic substances.
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