pp.blj;

Vol. / No. 3

Planning•, Prevention, and Preparedness Newsletter

July 2011

OUTREACH Luke Chavez 303-312-6512 / Bernadette Rose 303-312-6072

I )	/ 1 Outreach Kick-off In our inaugural newsletter, we spoke of finalizing an inter-agency

3 '-agreement with Indian Health Services to assist the Program in meeting with all 27 tribal
governments over the next couple of years. The goal of that Program is to create a foundation to better
understand the priorities, risks, and vulnerabilities of the Region 8 tribes. This will help the Program to
identify opportunities to improve planning and preparedness efforts through a region-wide approach and to
strengthen partnerships. This past May, we took our first steps toward achieving that goal.

Kathie Atencio (EPA Preparedness Unit Chief) led three of us (Ray Figueroa (EPA), Brent Rohlfs (IHS) and
Maty Ahlstrom (IHS Circuit Rider) on our first trip under this new initiative. On May 9-10, we visited with
the Confederated Salish & Kootenai, and the Blackfeet Tribes in Montana.

Upon our arrival at the Confederated Salish and Kootenai Reservation, we were greeted by Dale Nelson who
serves as the Tribal Disaster and Emergency Services Coordinator. He also serves on the State Emergency
Response Commission, and is a member of the Indian Nations Working Group. There is a joint Tribal
Emergency Response Commission/Local Emergency Planning Committee with the Tribes and four countie
(Lake, Sanders, Flathead, and Missoula). Most of the Reservation is located in Lake County. There is a good
working relationship with the Tribes and all four Counties - particularly with Lake County for many years.
While there are Tribal and Lake County Emergency Operations Centers (EOC) the Tribal is normally the one
used jointly.

Inside this issue:

Coordination with
tribes Pg. 2

Increase of
Tribe's role in
Chem. Mgt. Pg. 2

EPCRA
Confidentiality
removed from 150
chemicals Pg.3
Access improved to hun-
dreds of chemicals Pg. 3

4^' \ Oil Responses,
; Land Fill fire,
Failure to report Pg. 4

Fracking,

Court ruling Pg. 5

The Confederated Salish and Kootenai Tribe, Lake County, and Sanders County have developed a joint
Emergency Operations Plan that is updated regularly, and they conduct at least one exercise per year
exercising one section of the EOP each time (a crowd control tabletop exercise is planned due to the Dalai

Lama visiting the area in the near future). The Tribes and counties have formal and informal MOUs for re-
sponse with the HAZMAT teams. The Tribes and counties have no HAZMAT teams and utilize Kalispell
and Missoula for that. These teams would like the Tribes/counties to set up decon in case of a response, and
lomeland Security funding is being sought to purchase decon materials.

lost of the environmental concerns have to do with the amount of diesel trucked through the Reservation on
daily basis, derailments, and oil spills. Emergency management issues are flooding (as the snowpack is at
¦150% of normal), potential aircraft accidents, and terrorism.

(Left to right: Dale Nelson, Ray

Figueroa, Mary Ahlstrom Brent . - „. , .	.

Rohifs)	At the Blackfeet Reservation we were greeted by Robert DeRosier the Emergency Manager who also serves

as the Utilities Director, and is the Coordinator for the Indian Nations Working Group.	(Cont. Pg. 2)

TRAINING & EXERCISES Luke Chavez—Coordinator 303-3 i 2-6512 i chavez.iuke@epa.gov\

"Let our advance worrying become advanced thinking and planning." Winston Churchill

In need of Anhy-
drous Ammonia
! Emergency Re-
sponder training?
Please check out
TRANSCAER's
training website. This training is
now available to you online.
Feel free to begin using and
sharing this link to access the
four training modules:
http://transcaer.com/aa-tour.
They will be in Colorado in July
and August. Please check out

their calendar.

GCAP lias a website for free
online training. The website
is www.GcapCoolCast.com.
We have created 30 minute
downloadable podcast train-
ing sessions. Every week a
new session will be
downloaded. Some podcast
already available are
GCAPs trip to Japan. Natu-
ral Refrigerants, C02 Cas-
cade System, ASTI's One

Plan Coalition, L.A.N.C.E., and
S.I.M.P.L.E., Ammonia Safety
Days, and Boiler Safety. GCAP's
training videos are still available to
the industry free of charge.

Please visit for more information:
http://www.ammoniatraining.com/
Movie%20 About%20Pro gram, htm

REPORT

Need to Report a Possible
Environmental Violation?
Fill out the form at

www.epa.qov/tips/

Partner Corner

•	More localized info?
Check out these sites.

•	Montana

•	Wyoming

•	North Dakota

•	South Dakota

•	Utah

•	Colorado

•	Denver


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Planning, Prevention, and Preparedness Newsletter

July 2011

Kick-off (Cont. fm Pg. 1) The Tribe has an updated Emergency Operations Plan and has conducted exercises on terrorism and a dam
failure. It has an MOU with Great Falls for HAZMAT Team response. While the Tribal Fire Department responds to incidents, the
Tribal Enviromnental Department determines if there is an enviromnental impact issue. For larger spills the Tribal responders call the
National Response Center. The Tribe attempts to have the responsible party or their insurance company hire a contractor to clean up
the spill and is usually able to recover costs from the responsible party. The Tribal process for requesting disaster assistance has them
going through BIA prior to contacting the state.

Among the enviromnental concerns we find issues with oil and gas wells (Many of the run off pits are near the river). A major pipe-
line runs through the Reservation, along with three minor transportation route (danger of spills of which there have been several
HAZMAT and fuel). Derailments have occurred. Because of these concerns the Tribe is interested in being part of an Area Contin-
gency Plan in the future. Among their emergency management concerns are found: terrorism (Tribe is located near the border), Sher-
burne Dam failure, and powder incidents (there have been a couple).

At the beginning of each meeting Katliie gave a presentation on EPA resources, and what those resources can offer to their commu-
nity. The presentation was well received and well attended. After both meetings, interest was expressed in training that the EPA can

offer. This included 40-hr HAZWOPER training or refresher either of which could be exported to
them. They were also interested in emergency response, and basic understanding training on oil and
gas issues and Methamphetamine response training.

^These visits were quite instructional and productive for us and we look forward to assisting them in
any way we can. (More outreach on pg. 6)

EPA Forms New Group to Increase Tribes' Role in Chemical Management and Pollution Prevention Activities

The U.S. Enviromnental Protection Agency is forming a new tribal committee to provide tribes with an opportunity for
greater input on issues related to toxic chemicals and pollution prevention. The move is part of Administrator Lisa P. Jack-
son's priority to build strong tribal partnerships and expand the conversation on enviromnental justice.

EPA is establishing a National Tribal Toxics Committee (NTTC) that will give tribes a forum for providing advice on the develop-
ment of EPA's chemical management and pollution prevention programs that affect tribes. Given the uniqueness of tribal cultures,
communities and enviromnental problems, the forum will help EPA better tailor and more efficiently address a variety of issues,
including preventing poisoning from lead paint, expanding pollution prevention and safer chemical initiatives in Indian country, and
better evaluating unique chemical exposures on tribal lands.

"This new committee will help increase our already close collaboration and communication with federally recognized tribes and in-
tertribal organizations on critical issues relating to chemical safety and pollution prevention that affect Native peoples," said Steve
Owens, assistant administrator for EPA's Office of Chemical Safety and Pollution Prevention. "We are committed to reducing toxic
exposures and increasing pollution prevention among tribal communities, and to respecting tribal sovereignty, culture and heritage."
A charter for the new NTTC is being developed and the membership of the council will be formed over the next several months.

More information: http://www.epa.gov/oppt/tribal/ More information on EPA's partnership with tribes: http://www.epa.gov/indian/

EPA Releases Fi-
nal Policy for Con-
sultation and Coor-
dination with In-
dian Tribes
the EPA released its final
policy on consultation and
coordination with Indian
tribes. EPA is among the first
of the federal agencies to
finalize its consultation pol-
icy in response to President
Obama's first tribal leaders
summit in November 2009,
and the issuance of executive
order 13175 to establish regu-
lar and meaningful consulta-
tion and collaboration with
tribal officials in the develop-
ment of federal policies that
have tribal implications.

"EPA is dedicated to strength-
ening our collaboration with
tribes and ensuring that they
have a voice and a seat at the
table on the issues that touch
their health and their econ-
omy," said EPA Administrator
Lisa P. Jackson. "President
Obama has directed agencies
across the federal government
to revisit and update the ways
we work together with tribal
nations, a step that is critical to
meeting the needs of today and
ensuring our communities are
cleaner, healthier and more
prosperous heading into the
future. "

The final policy builds on
EPA's 1984 Indian policy and
is intended to make good on

the Obama administration's
commitment to strengthen
tribal partnerships by estab-
lishing clear agency standards
for the consultation process, to
promote consistency and coor-
dination. The policy estab-
lishes a new, broader standard
for the types of actions that
may be appropriate for consul-
tation and makes clear the two
-way nature of government-to-
government consultation by
inviting tribes to request issues
for consultation. Actions that
may be appropriate for consul-
tation include developing stan-
dards, guidance, policies, per-
mitting decisions, and activi-
ties under international agree-
ments. The policy also estab-
lishes a management, over-

sight and reporting structure
that will help ensure account-
ability and transparency by
identifying responsible indi-
viduals in each office and
requiring EPA program and
regional offices to identify
actions appropriate for con-
sultation at least twice a year.

More information on the pol-
icy: http://www.epa.gov/
indian/

Page 2

How many Hazardous
Materials shipments are
there in the U.S.?

There are some 1.5 million
daily shipments of hazard-
ous materials in the U.S


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Planning, Prevention, and Preparedness Newsletter

July 2011

Emergency Planning 8c Community Right to Know Act (EPCRA)
Bradley Miller — 303-312-6483 / miller.bradley@epa.gov

EPA Removes Confidentiality Claims for More Than 150 Chemicals / Part of continuing effort to protect
xr Americans' health by increasing access to chemical information

In order to ensure the
public has as much
information as possi-
ble about the health
and the environ-
mental impacts of
chemicals, the EPA

public the
of more
chemicals
104

in

has made
identities
than 150
contained
health and safety
studies that had been
claimed confidential
by industry. Today's
announcement is an-
other in a series of
unprecedented ac-
tions that EPA is tak-
ing to provide the
public with greater
access to information
on the chemicals that
are manufactured and
used in the United
States.

For these 104 studies.

the chemical identity will
no longer be redacted, or
kept from view. The
chemicals involved are
used in dispersant formula-
tions and consumer prod-
ucts such as air fresheners,
non-stick and stain resis-
tant materials, fire resistant
materials, nonylphenol
compounds, perfluorinated
compounds, and lead.

"This action to disclose the
identity of more than 150
chemicals is an important
step in EPA's commitment
to give the American peo-
ple access to critical infor-
mation about chemicals
that their children and
families may be exposed
to," said Steve Owens,
assistant administrator for
EPA's Office of Chemical
Safety and Pollution Pre-
vention. "A health and
safety study with the

chemical name kept secret is com-
pletely useless to the public."

In 2010, EPA challenged industry
to voluntarily declassify unwar-
ranted claims of confidential busi-
ness information (CBI). The
agency also issued new guidance
outlining plans to deny confiden-
tiality claims for chemical identity
in health and safety studies under
the Toxic Substances Control Act
(TSCA). Based on this guidance,
EPA notified a number of compa-
nies in February 2011 that the
agency had determined that their
CBI claim was not eligible for
confidential treatment under
TSCA and that EPA intended to
make the information public.

The health and safety studies in-
clude some declassified by the
agency and other voluntary de-
classifications by companies in
response to EPA's challenge.
EPA is committed to posting new
declassified materials under

EPA Improves Access to Information on Hundreds of Chemicals /Searchable
databases on chemical toxicity and exposure data now available

EPA is making it
easier to find data
about chemicals. EPA
is releasing two data-
bases — the Toxicity
Forecaster database
(ToxCastDB) and a
database of chemical
exposure studies
(ExpoCastDB) —
that scientists and the
public can use to ac-
cess chemical toxicity
and exposure data.
Improved access sup-
ports EPA Adminis-
trator Lisa P. Jack-
son's priorities of
protecting Ameri-
cans' health by assur-
ing the safety of
chemicals and ex-
panding the conversa-
tion on environmen-
talism.

"Chemical safety is a major
priority of EPA and its
research," said Dr. Paul
Anastas, assistant adminis-
trator of EPA's Office of
Research and Develop-
ment. "These databases
provide the public access to
chemical information, data
and results that we can use
to make better-informed
and timelier decisions
about chemicals to better
protect people's health."

ToxCastDB users can
search and download data
from over 500 rapid chemi-
cal tests conducted on more
than 300 enviromnental
chemicals. ToxCast uses
advanced scientific tools to
predict the potential toxic-
ity of chemicals and to
provide a cost-effective
approach to prioritizing

which chemicals of the thousands
in use require further testing. Tox-
Cast is currently screening 700
additional chemicals, and the data
will be available in 2012.

ExpoCastDB consolidates human
exposure data from studies that
have collected chemical measure-
ments from homes and child care
centers. Data include the amounts
of chemicals found in food, drink-
ing water, air, dust, indoor sur-
faces and urine. ExpoCastDB
users can obtain summary statis-
tics of exposure data and
download datasets. EPA will con-
tinue to add internal and external
chemical exposure data and ad-
vanced user interface features to
ExpoCastDB. The new databases
link together two important pieces
of chemical research — exposure
and toxicity data — both of which
are required when considering
potential risks posed by chemi-

TSCA on the agency website on a
regular basis.

In addition to these actions, EPA
over the past several months has
taken a number of other steps to
make chemical information more
readily available. The agency has
provided the public, for the first
time ever, with free access to the
consolidated TSCA Inventory on
the EPA and Data.Gov websites.
EPA also launched a new chemi-
cal data access tool that for the
first time gives the public the abil-
ity to electronically search EPA's
database of more than 10,000 health
and safety documents on a wide range
of chemicals that they may come in
contact with every day. EPA will
continue to take actions to increase
the public's access to chemical
information. More information:
http ://www. epa. gov/oppt/
existingchemicals/pubs/
transparencv.html

(More chemicals on Pg. 5)

cals. The databases are connected
through EPA's Aggregated Com-
putational Toxicology Resource
(ACToR), an online data ware-
house that collects data on over
500,000 chemicals from over 500
public sources.

Users can now access 30 years
worth of animal chemical toxicity
studies that were previously only
found in paper documents, data
from rapid chemical testing, and
various chemical exposure meas-
urements through one online re-
source. The ability to link and
compare these different types of
data better informs EPA's deci-
sions about chemical safety.

More information about the da-
tabases:

ToxCastDB: http://actor.epa.gov/
actor/faces/T oxCastDB/Home. i sp
ExpoCastDB: http://actor.epa.gov/
actor/faces/ExpoCastDB/Home.isp
ACToR: http://actor.epa.gov

Page 3


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Planning, Prevention, and Preparedness Newsletter

July 2011

Failure to Report to the
NRC. During the last issue
there was a discussion of re-
porting requirements when
there are spills of chemicals
and/or oils. In certain situa-
tions penalties can be as-
sessed for failure to report to
the National Response Center
(NRC). One such example is
the settlement between EPA
Region 8 and Cattleman's
Choice Loomix, LLC for a
facility located in Billings,
MT. On February 4, 2010,
approximately 26,000 pounds
of hydrochloric acid was re-
leased from the facility due to
equipment damage. The re-
portable quantity is 5.000 lbs.
The Operator did not immedi-
ately notify the NRC as soon
as it had knowledge of the
release as required by Section
103)a) of CERCLA, 42
U.S.C.g 9603(a). The Opera-
tor was assessed a civil pen-
alty of $8,900.

EPA contains landfill fire
on Pine Ridge Reserva-
tion The EPA lias contained
and smothered a landfill fire
on the Pine Ridge Reserva-
tion in southwest South Da-
kota. The landfill is located
13 miles south of Red Shirt
along BIA Highway 41.
When EPA responders ar-
rived on site on June 12, the
fire had burned approxi-
mately 80%, or five acres, of
the landfill. EPA observed

evidence of household hazard- Ridge Reservation. The landfill
ous waste, including pesticide receives approximately 30-50
containers, paint cans and tons of solid waste daily and
small drums, throughout the serves approximately 30,000
burn zone. Responders also people, including the communi-
witnessed a noxious plume of ties of Pine Ridge and Kyle,
smoke drifting across the For further information on this
nearby highway. Initial air site, please visit: httu://
monitor measurements taken www.eDaosc.org/site/
on June 13 indicated elevated site i)rofile.asi)x?site id=7002
levels of particulates, volatile
organic compounds, and car-
bon monoxide, and decreased
levels of oxygen. Due to the
unconsolidated nature of the
waste in the landfill and the
intensity of the fire, EPA de-
termined the fire would likely
burn for months if not ad-
dressed.

As part of the response, a bor-

Oil Spill Near Billings, Mon-
tana

row pit was established south On July 1 a break occurred in a
of the current landfill in an 12-inch pipeline owned by
area that has been designated ExxonMobil that resulted in a
for future expansion. Solid spill of crude oil into the Yellow-
waste in the existing cell was stone River approximately 20
excavated, placed and com- miles upstream of Billings, MT.
pacted in appropriate lifts According to the company's esti-
witliin the cell, and covered mates, 1,000 barrels of oil en-
with soil to smother the fire, tered the river, which is in flood
EPA is now working on bol- stage, before the pipeline was cut
stering the cover over the land- off.

fill and making sure there are EPA'S pnmarv concern is protec-
no hot spots that could reig- tion of human health and the
nite. Unburned trash is being environment and the agency is
managed to ensure it will not conducting both air and water

reigmte.

The landfill is a Subtitle D
solid waste facility that ser-
vices 11 transfer stations and
is the sole landfill for the Pine

EPA responds to crude release near Rawlins, WY

The EPA responded to an
oil spill affecting a portion
of Emigrant Creek approxi-
mately 20 miles southwest
of Rawlins, WY. EPA is
overseeing cleanup actions
at the spill site, including the
removal of oil and the de-
ployment of booms to cap-
ture releases to the creek.
EPA will continue to coordi-
nate response activities with
the Bureau of Land Manage-
ment (BLM), the Wyoming
Department of Environ-
mental Quality (WDEQ)

and local property owners
through the next several
weeks. EPA responded to a
request for assistance from
BLM's Rawlins field office
for an oil spill response on an
ephemeral tributary to Emi-
grant Creek, which flows into
Little Sage Creek. BLM was
notified of the spill on May
22 and upon investigation
identified a discharge of oil
near equipment owned and
operated by Nadel and Guss-
man Rockies, LLC. BLM and
the company conducted oil

sampling to determine what im-
pacts the spill may have on air or
water quality, while also ensur-
ing the responsible party is held
accountable. EPA is also direct-
ing and overseeing cleanup ac-

containment and collection ac-
tivities at the site. In addition,
BLM and WDEQ collected
water samples to assess water
quality along the reach of the
spill.

Site investigations suggest the
oil discharge was from the Espy
# 12 Tank Battery unit, a piece
of equipment that separates
water from oil. The oil flowed
to Emigrant Creek and contin-
ued further downstream. Vege-
tation along the stream banks
was oiled and strong petroleum
odors were noted in the area

tivities by approximately 350 re-
sponders on the scene and conduct-
ing cleanup activities. Personnel
continue to walk the shores and
deploy absorbent boom along the
river banks to absorb oil that has
collected in slow water areas along
the shoreline. Responders continue
to work to assess where the oil has
traveled and what impact it may be
having.

EPA Region 8 Administrator Jim
Martin briefed Governor
Schweitzer and other state officials
on the cleanup operation and led
the group to view on-site response
activities.

The river has been divided into 4
divisions for planning and opera-
tional purposes. Initial cleanup ac-
tivities are concentrated in the first
two divisions ~ from Laurel to
Duck Creek Bridge and Duck
Creek Bridge to Johnson Lane ~
where responders have identified
the most oil-impacted areas. The
third river segment encompasses
the area from Johnson Lane to
Miles City and will also undergo
reconnaissance and cleanup. The
fourth division includes the remain-
ing downstream portion of the river
from Miles City to Glendive.

EPA is coordinating its response
actions with the Department of the
Interior, Fish and Wildlife Service
and state and local agencies and
will take whatever steps are neces-
sary to ensure ExxonMobil, as the
responsible party, addresses any
and all potential impacts of this
spill.

near the Tank Battery. Impacts
are concentrated upstream of
Bridger Pass Road; no oil or oil
sheen has been observed at Teton
Reservoir.

Based on site conditions and the
apparent weathered nature of the
oil, EPA suspects the discharge
occurred at least several weeks
prior to May 22 when the spill
was reported by a concerned citi-
zen. EPA has issued a compliance
order requiring Nadel and Guss-
man Rockies, LLC to conduct
cleanup actions at the site and will
make determinations regarding
additional (Cont. Pg. 5)

Page 4


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Planning, Prevention, and Preparedness Newsletter

July 2011

Oil spill (Cont. fm. Pg. 4)

enforce actions as its in-
vestigation continues.

When EPA response staff
arrived at the site several
response activities had
already been initiated.
These included blocking a
culvert at the Bridger Pass
Road crossing and con-
structing a siphon to slow
flow and collect oil. In
addition, sorbent booms

were deployed and filter
fences constructed at vari-
ous locations to capture oil.
Crews worked by hand to
chip contaminated snow
from the edges of the snow-
pack. Affected vegetation
and streambed were flushed
to remove and collect as
much oil as possible. EPA
will oversee additional
cleanup actions in close
coordination with partners

and the company over the next
several weeks. Boom mainte-
nance will continue through
spring runoff, as additional oil
product will be released from the
snowpack. Additional response
actions are being considered to
remove oil from vegetation and
soils.

Any operator responsible for dis-
charges of oil with the potential to
reach surface waters is required to
report the incident immediately to

the National Response Center at 800
-424-8802. Failure to report a dis-
charge is a violation of the Clean
Water Act, which can result in
higher penalties, greater cleanup
costs and increased enviromnental
damage

For more information and continued
updates visit http://www.epa.gov/
vellowstoneriverspill/

Texas: Drillers Must Disclose 'Fracking' Chemicals

Texas has become the first state to pass a bill requiring drillers to disclose the chemicals they use when extracting oil and gas from
rock formations. Some state agencies have passed rules forcing some disclosure, but no other states have made it a law. Texas' law
will force drillers to post the chemicals and the amounts used beginning in July 2012. Hydraulic fracturing, or fracking, is being used
in more states. In the fracking process, drillers pump chemical-laced water into the ground at high pressure to crack the rock. Environ-
mental groups worry that the chemicals could taint water supplies. The industry says the process is safe.

EPA selects Colorado,
North Dakota sites as
case study locations for
national hydraulic
fracturing study

The EPA in keeping with
the Administration's focus
on ensuring that domestic
resources are leveraged
safely and responsibly,
announced the next steps
in its congressionally
mandated hydraulic frac-
turing study. EPA has
identified seven case stud-
ies to help inform the as-
sessment of potential im-
pacts of hydraulic fractur-
ing on drinking water
resources. The sites iden-
tified were selected fol-
lowing extensive input
from stakeholders, includ-
ing the public, local and
state officials, industry,
and enviromnental organi-
zations. To ensure the
Pipeline and

agency maintains the current
timeline for the study, the
EPA will begin field work
in some of the selected re-
gions this summer. Natural
gas plays a key role in the
nation's energy future. EPA
is working closely with
other federal partners to
ensure that this important
resource can be developed
safely.

Las Animas
County, CO, Dunn and
Kildeer Counties, ND
are among locations for the
studies that will examine
where hydraulic fracturing
has occurred for any impact
on drinking water resources
due to gas extraction.
The information gathered
from these case studies will
be part of an approach
which includes literature
review, collection of data

and information from states, in-
dustry and communities, labora-
tory work and computer model-
ing. The combination of these
materials will allow us to do a
more comprehensive assessment
of the potential impacts of hy-
draulic fracturing on drinking
water resources.

The study will continue to use the
best available science, independ-
ent sources of information, and
will be conducted using a trans-
parent, peer-reviewed process, to
better understand any impacts
associated with hydraulic fractur-
ing. The draft study plan and
additional information: http://
www.epa.gov/livdraulicfracturing

Federal Court Ruling - Los
Angeles Emergency Plans
Violate Americans with Dis-
abilities Act: A federal judge has
found that the city of Los Angeles
is ill-prepared to meet the needs
of residents with disabilities in the

event of an emergency. The de-
cision came in a class action
lawsuit brought against the city
by two disability advocacy
groups who claimed that the
city's emergency plans do not
properly account for individuals
with disabilities who may need
accessible shelters, transporta-
tion, communications services or
other assistance. "The city's
practice of failing to address the
needs of individuals with dis-
abilities discriminates against
such individuals by denying
them meaningful access to the
city's emergency preparedness
program," U.S. District Court
Judge Consuelo B. Marshall said
in the ruling. "Because of the
city's failure to address their
unique needs, individuals with
disabilities are disproportion-
ately vulnerable to harm in the
event of an emergency or disas-
ter."

Hazardous Materials Safety Administration (PHMSA)

The PHMSA has launched a new Pipeline Safety Awareness website that provides the public, commu-
nity planners and developers an easy to understand, accessible place for information and guidance on
locating area pipelines.

The web site provides the public with information about the location of pipelines and the safety record
of the companies that operate them, safety advisories on specific pipelines, as well as maps, reports, re-
search, frequently asked questions and other resources to help inform the public on their local pipeline
infrastructure. PHMSA will update and add new information to the website as it becomes available.

Hazardous Materials Trans-
portation and Pipeline Acci-
dents are to be reported di-
rectly to the 24-hour Na-
tional Response Center
(NRC): at 1-800-424-8802.
To reach the DOT's 24-hour
Crisis Management Center,
call 202-366-1863

The new website is part of the Department's pipeline safety action plan to address immediate concerns in pipeline safety, such as
ensuring pipeline operators know the age and condition of their pipelines; and proposing new regulations to strengthen reporting and
inspection requirements. The website is http://opsweb.plunsa.dot.gov/pipelineforum/

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Planning, Prevention, and Preparedness Newsletter	July 2011

Outreach (Cont. fin Pg. 2) Fort Peck Assiniboine and Sioux Tribes Bernadette Rose, Dave Peck and Mary Ahlstrom traveled to
Poplar, MT on June 13, 2011 to meet with Chris Headress, the Fort Peck Assiniboine and Sioux Tribes Emergency Manager (EM) and
additional staff. Information presented was about the legal authorities under which EPA performs Emergency Response (ER), includ-
ing response protocols, and functions, and Region 8's ER resources.

Mr. Headdress told us that, although Ft Peck has had an active Tribal Emergency Response Committee (TERC) with representation
from over 52 programs in the past, the TERC is not currently meeting. He is planning to have regular TERC meetings in the future
and the most likely participants will be from the Tribe's Offices of Emergency Preparedness, Transportation, Housing, Elders, Law
and Justice, Tribal Housing and Enviromnental Health. He stated that the Ft Peck Tribes actively participate in the Montana Indian
Nations Annual Meeting, and that this group has a Tribal representative on the Montana State Emergency Response Commission
(SERC). The Ft Peck Tribes previously attended Roosevelt County Local Emergency Planning Committee (LEPC) Meetings as well
as MT SERC Meetings.

Ft Peck has an Emergency Operations Plan that uses Emergency Support Function (ESF) Guidelines and they are in the process of
updating the Hazard Mitigation Plan. The Office of Enviromnental Protection has people who are HAZWOPER trained, but the
Tribes do not participate in a Hazmat team. There are BIA, BLM and local non-Tribal community responders available to assist. MT
has 6 regional HAZMAT teams located in Billings, Great Falls, Bozeman, Helena, Missoula, and Kalispell.

The Ft. Peck area is experiencing record flooding levels issues and Chris had been filling sandbags in the morning prior to the meet-
ing. FEMA had already visited and assessed the situation assisted by the U.S. Army Corps of Engineers. We asked Chris if there were
any additional items that we should be aware of and he stated that the Tribes are faced with serious drinking water issues. It is be-
lieved that the ground water has been contaminated by salt water, perhaps from oil operations. Because of this issue. Emergency Man-
agement is involved in construction of a hook-up to the new rural water system that will be pumping water from the Missouri River.
The new system will service the communities in northeastern Montana including the Reservation. Other ongoing emergency priorities
include winter and summer storms. Last year a tornado occurred that impacted a family farmhouse resulting in the death of two people
and several head of cattle.

Finally, Chris and others expressed interest in obtaining the following from EPA: 8 Hour HAZWOPER Refresher training, and maps
listing facilities that are located within the Reservation boundaries or that have the potential to impact the Reservation.

Three Affiliated Tribes

The team also traveled to New Town, ND to meet with Cliff Whitman, Three Affiliated Tribes Emergency Manager, and other staff.
We found that the Tribes do not currently have an active TERC, nor is there an active LEPC closer than Williston, ND which is 40
miles NW of the Reservation.

The Tribes have a good working relationship with the State Oil and Gas Commission and Department of Health in relation to oil and
gas issues. They have interacted with State Inspectors while they conduct inspections on fee-lands. They also have a good working
relationship with Ray DeBoer at the ND State Emergency Management Office and BLM.

Three Affiliated Tribes recently updated their Emergency Operations Plan and are in the process of updating their Hazard Mitigation
Plan. Some of their responders from New Town and Garrison Fire Departments are trained to Hazmat levels, but the Tribes utilize the
Hazmat Team from Bismarck. As a side note, there is a smaller Hazmat Team in Minot and one in Fargo as well.

The Tribes have developed draft codes to cover oil and gas operations. The draft code is currently undergoing legal review within the
Tribe. They are also drafting a resolution to deal with spills related to oil and gas operations. This resolution will include implement-
ing regulations and fines. The Tribes have several emergency management issues including unreported oil spills at rid sites, truck and
tanker accidents, illegal dumping of salt water and brine, and inverted mud spills on the soil. They are currently experiencing delays
in responses due to highway closures caused by flooding.

Other EPA staff recently visited the Reservation to conduct SPCC inspections and to begin taking steps to update the Missouri River
Area Contingency Plan. Last year the Brownfields Program worked with the Emergency Removal Program to remove asbestos from
abandoned homes located on the Reservation. The Tribes are interested in future on-site training offered by EPA.

Chemicals (Cont. fin Pg. 3) EPA Proposes to Review New Uses of 14 Chemicals Classified as Glymes /Action taken to bet-
ter evaluate possible adverse health impacts The EPA is proposing to protect consumers by requiring companies to report new
uses of chemicals known as glymes in consumer products. EPA's proposed action is based in part on concerns that additional uses of
these 14 chemicals in consumer products could lead to harmful reproductive and developmental health effects. Glymes are chemicals
used in a wide array of applications including printing ink, paints and coatings, adhesives, household batteries and motor vehicle
brake systems.

The proposed regulatory procedure is known as a significant new use rule (SNUR) under the Toxic Substances Control Act. The
SNUR would ensure that, prior to the manufacture, import, or processing of these chemicals for a significant new use, EPA will have
90 days to evaluate potential risks, and prohibit or limit the activity if warranted.

Comments on the proposal must be received on or before September 9, 2011. The proposal and supporting information can be found
in docket number EPA-HQ-OPPT-2009-0767 on the Federal eRulemaking Portal, http://www.regulations.gov.

For more information on the EPA's existing chemical programs: http://www.epa.gov/oppt/existingchemicals/

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Planning, Prevention, and Preparedness Newsletter

July 2011

Preparedness Unit Mission Statement:

We will increase EPA Region 8 preparedness through:

•	Planning, Training, Exercising, and developing outreach relations with federal agencies,
states, tribes, local organizations and the regulated community.

•	Assisting in the development of EPA Region 8 preparedness planning and response capa-
bilities through the RSC, IMT, RRT, OP A, RMP, etc.

•	Working with facilities to reduce accidents and spills through education, inspections and
enforcement. To contact a member of our team:

(Click here for Org Charts

Acronym List
IMT Incident Management Team
OPA Oil Pollution Act
RRT Regional Response Team
RSC Response Support Corps
SPCC Spill Prevention, Control, and Countenneasures

Emergencies

Report oil or
chemical spills al

800-424-8802

More ...

1 (800) 424-8802

National
Response
Center

Risk Management Program (RMP)

Bradley Miller-Coordinator303-312-6483/ miller.bradley@epa. gov

Need More info on the Risk Management Program (RMP)?

RMP Reporting Center

The http://www.epa.gov/emergencies/rmp will be updated as new information becomes available. EPA
Re- maintains numerous listservs to keep the public, state and local officials, and industry up to date,
including several that pertain to emergency management. You can sign up for our listserve to re-
ceive periodic updates: https://lists.epa.gov/read/all forums/subscribe?name=callcenter oswer

porting Center can answer questions about software or installation problems. The RMP Reporting Center
is available from 8:00 a.m. to 4:30 p.m., Monday through Friday, for questions on the Risk Management Plan program: (703) 227-
7650 (phone) RMPRC@epacdx.net (e-mail)

Chemical Emergency Preparedness & Prevention Office (CEPPO) http://www.epa.gov/emergencies/index.htm

Compliance and Enforcement: http://www.epa.gov/compliance/index.html
Compliance Assistance: http://www.epa.gov/compliance/assistance/index.html

Call our hotline, the Superfund, TRI, EPCRA, RMP, and Oil Information Center (800) 424-9346 or (703) 412-9810 TDD (800)
553-7672 or (703) 412-3323 Mon-Thurs 10:00 am to 3:00 pmET (except Federal Holidays) or see

www.epa.gov/superfund/contacts/iiifocenter/iiidex.htm.

You can also call or write to:

U.S. EPA Region 8
1595 Wynkoop Street (8EPR-ER)

Denver, CO 80202-1129
800-227-8917
CO, MT, ND, SD, UT, and WY
To report an oil or chemical spill, call the National Response Center at (800) 424-8802.

This newsletter provides information on the EPA Risk Management Program, EPCRA, SPCC/FRP (Facility Response Plan) and
other issues relating to Accidental Release Prevention Requirements. The information should be used as a reference tool, not as
a definitive source of compliance information. Compliance regulations are published in 40 CFR Part 68 for CAA section 112(r)
Risk Management Program, 40 CFR Part 355/370for EPCRA, and 40 CFR Part 112.2 for SPCC/FRP.

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