Center for Industrial Services

In this issue ...

1. Risk Management Program Changes And Deadlines.
2. Alcoa Agrees To Land Conservation Plan.
3. Proposed Rules Under Review At TDEC.
4. More Americans Look For ENERGY STAR.
5. 2004 Planting P2 Conference.
6. Report Showcases Innovation In Environmental Programs.
7. Hazardous Waste Regulations Revised For Performance Track Members.
8. Revised Draft Of The ISO 14001 Standard Now under Review.
9. Changes to DOT Reportable Incidents.
10. Lebanon Company Receives State’s Highest Workplace Safety Award.
11. EPA Issues Designations On Ozone Health Standards
12. QUALITY, MANAGEMENT, AND ENVIRONMENTAL, HEALTH AND SAFETY WORKSHOPS –June 2004 through August 2004.

1. RISK MANAGEMENT PROGRAM CHANGES AND DEADLINES.

EPA recently published revisions to the reporting requirements of the Chemical Accident Prevention Rule under Clean Air Act section 112(r). Under the rule, covered facilities must submit risk management plans (RMP's) to EPA describing their chemical accident prevention programs. The revised rule removes the requirement for facilities to describe their offsite consequence analysis (OCA) in the executive summary of RMP's, adds several new data elements to RMP's, and requires more timely reporting of significant accidents and changes in emergency contact information.

Section 112(r) of the Clean Air Act requires EPA to promulgate regulations for the prevention and mitigation of accidental releases of extremely hazardous substances. Under this section, EPA established a list of regulated substances and thresholds and issued the Chemical Accident Prevention regulations. The goals of this program are to prevent accidental releases of chemicals that could cause serious harm to human health or the environment and to reduce the severity of releases that may occur. Covered facilities are required to develop and implement a risk management program that includes a five-year accident history, an offsite consequence analysis, an accident prevention program, and an emergency response program. Facilities must also submit to EPA a risk management plan (RMP) describing the source’s risk management program.

The original deadline for submitting RMP's was June 21, 1999. The chemical accident prevention regulations also require full updates and resubmission's of RMP's at least once every five years. Certain process and other changes as specified in the Update section of the Chemical Accident Prevention regulation (40 CFR 68.190) may require a facility to fully update and resubmit its RMP prior to the five-year anniversary of an RMP. The five-year anniversary date is reset whenever you fully update and resubmit your RMP.

Most facilities submitted their initial RMP's by the original June 21, 1999 deadline and have not resubmitted their RMP's since. Therefore, the majority of facilities will need to fully update and resubmit their RMP's to EPA by June 21, 2004. All facilities are required to include the new data elements in their RMP's by June 21, 2004, whether they are filing an updated RMP by that date or not. Facilities filing a fully updated RMP by June 21, 2004 will be able to add the new information as part of their update. Facilities not filing a full update by that date must add the information to their RMP's through a correction.

EPA has developed a fact sheet that provides additional information about the reporting deadlines and the recent changes to the RMP reporting requirements. The agency has also published a list of frequently asked questions.

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2. ALCOA AGREES TO LAND CONSERVATION PLAN.

TALLASSEE, TN (AP) - The world's largest aluminum producer agreed to preserve 10,000 acres of undeveloped Appalachian land that it controls, clearing the way for the company to renew its license to operate four hydroelectric dams on the Little Tennessee River.

Alcoa Inc. signed the pact May 10, 2004 with regulators and more than 20 environmental groups after seven years of negotiations. Among the groups taking part in or expressing support for the plan were the Sierra Club, American Rivers and other conservation organizations nationwide.

The deal needs congressional approval, which is expected by the end of the year.

``It is a historic event today for everyone involved,'' said Kevin Anton, president of Alcoa Materials Management, at the signing ceremony, held on a lookout point offering a breathtaking vantage of the forested Little Tennessee River gorge.

Alcoa's license to operate four hydroelectric dams on the Little Tennessee River in Tennessee and North Carolina expires next year. The Federal Electric Regulatory Commission had said it wouldn't renew the licenses without the preservation deal.

The dams, built in the early 1900s, power the giant smelting operation in Alcoa, TN., which makes aluminum sheets for beverage cans and employs 2,000 people.

``This is crucial to the jobs,'' said Senator Lamar Alexander, whose father once worked at the Alcoa factory. ``As a byproduct, we get these 10,000 acres of beautiful land for all of us to enjoy.''

Don Barger, regional director of the National Parks Conservation Association, said he was glad to see the FERC licensing process used as a tool for preservation.

``Dams cause enormous damage to streams, and in order to license dams the owners of those dams need to mitigate that damage,'' Barger said.

The Little Tennessee River watershed now controlled by Alcoa is between Great Smoky Mountains National Park, the Cherokee National Forest and two wilderness areas on the Tennessee-North Carolina line.

Alexander called it ``the largest and most important unprotected piece of the Appalachian corridor from Maine to Georgia.''

Pittsburgh-based Alcoa agreed to give the Nature Conservancy a permanent nondevelopment easement on 5,700 acres between the park and the national forest, plus an option to buy the property to resell to the Great Smoky Mountains National Park or the Cherokee National Forest.

The Nature Conservancy also would receive a protection easement on an additional 4,000 acres that would last as long as the dams' expected 40-year licenses.

Alcoa also would give the Great Smoky Mountains National Park 186 acres bordering the park in exchange for 100 acres of land within the park that has been flooded by Alcoa's dams.

The company also agreed to some $12 million in Alcoa commitments to enhance river quality and recreation facilities.

Alcoa: http://www.alcoa.com

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3. PROPOSED RULES UNDER REVIEW AT TDEC.

RCRA/Hazardous Waste Fees (Rules 1200-1-11) The Tennessee Department and Conservation (TDEC) is proposing amendments to its hazardous waste regulations related to fees include base dollar amounts in addition to a dollar amount assessed on each pound of hazardous waste. The amendments include changes to: (1) permit fees for transporters, storage, and disposal facility (TSD) activities related to response to accidental discharges requiring remedial investigations and onsite treatment; (2) TSD installation identification number application fee; (3) TSD annual maintenance fees; (4) hazardous waste tipping fee; (5) generator fees; and (6) special report fees. The proposed rule was revised and sent to the Attorney General Office for final review. See Register page 7 (page 82 of 105 in the Adobe Acrobat file) http://www.state.tn.us/sos/pub/tar/2002-05.pdf Contact: Gerald “Jerry” E. Ingram 615.532.0850.

Hazardous Waste Listing (Rules Chg. 1200-1-11-.01) The TDEC has adopted a rule to delete the state delisting procedure for hazardous waste. Currently if a facility wants to delist a waste from hazardous to non-hazardous, they are required to file two applications, one with the Department and one with USEPA. The Department is deleting the state application to streamline the process. The Department held a hearing 10/21/03. Comments were due 11/04/03. The rule was adopted 12/02/03 and is now under legal review by the office of General Council. Contact Gerald “Jerry” E. Ingram 615.532.0850.

Solid Waste Rules (1200-1-7-.07) The TDEC is revising the regulations concerning a fee system for non-hazardous waste disposal. The revision relates to the proportionate share of the fee that must be paid based on the number of days the facility is permitted. A public hearing was held 11/19/03. Written comments were due 11/21/03. Staff reports they sent the rule to the Attorney General’s office in February 2004. Contact: Greg Luke 615.532.0874.

Air Permit Fees (Rules 1200-3-26) The TDEC is proposing an amendment to the administrative fee schedule. The proposal would make the following changes: (1) change the dates for the annual accounting period to July 1, 2003 through June 30, 2004; (2) increase the rate at which major source actual-based annual emission fees are assessed from $28 to $30 per ton; and (3) increase the rate at which major source allowable-based annual emission fees are assessed from $17.50 to $19.50 per ton. The Department held a public hearing 12/16/03. Comments were due at that time. The rulemaking was approved at the 01/07/04 Air Pollution Control Board meeting. The Attorney General must approve the rule before being forwarded to the Secretary of State for filing. Contact: Ron Culberson 615.532.0561.

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4. MORE AMERICANS LOOK FOR ENERGY STAR.

Public awareness of ENERGY STAR has jumped to 56 percent of U.S. households, according to a recent nationwide survey. This finding represents a 15-percentage point increase over prior years. In many major markets where local utilities and other organizations use ENERGY STAR to promote energy efficiency to their customers, public awareness of ENERGY STAR is even higher, averaging 67 percent. Other results from the survey include: one in five households selected an ENERGY STAR qualifying product in the past year, more than 50 percent of these households reported being favorably influenced by the ENERGY STAR label, and more than 60 percent of these households reported they are likely to recommend ENERGY STAR products to their friends. EPA introduced ENERGY STAR in 1992 as a voluntary, market-based partnership to reduce air pollution through energy efficiency. Now with assistance from the Department of Energy, the ENERGY STAR label is found on products in more than 40 categories for homes and offices.

More information is online at http://www.energystar.gov

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5. 2004 PLANTING P2 CONFERENCE

The Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Pollution Prevention Roundtable (TP2R) are pleased to welcome you to the “2004 Planting P2 Conference”. The conference will be a great opportunity for representatives from business, industry, education, environmental organizations, and government agencies to network. Conference attendees will learn more about benefits of state and federal environmental leadership programs, companies’ success stories and techniques, advantages of pollution prevention, and methods for improving environmental performance.

The conference will also feature a recognition ceremony for business and industry leaders in the Tennessee Pollution Prevention Partnership (TP3), a State of the Environment presentation by TDEC senior management, and a keynote speech by Cam Metcalf, an internationally recognized expert in pollution prevention. The conference schedule provides structured and informal opportunities for networking among TDEC staff, environmental advocates, students, and researchers: and employees from a diverse group of business and industrial facilities. You will be able to learn and share with others about successes in waste reduction and energy, water, and natural resource conservation. TP3 staff will offer guidance in making the partnership work for your organization.

This year, conference attendees may extend their networking by transitioning into the (TCCI) Tennessee Chamber of Commerce & Industry’s “22nd Annual Environmental Awards Conference”. A joint luncheon on Tuesday October 26 will close the P2 Planting Conference and open the TCCI Conference.

TDEC, through the Tennessee Pollution Prevention Partnership, endeavors to help Tennessean's care for our shared environment. TP3 is a membership network of industries, businesses, government agencies, organizations, schools, and households. Through pollution prevention projects, each group demonstrates how to protect the environment, save money and resources, and improve the quality of life in our communities. The Tennessee Pollution Prevention Roundtable has worked closely with TDEC to establish the criteria for industry participation in TP3, and especially, to encourage industrial facilities to pursue environmental excellence.

Join us at the “2004 Planting P2 Conference”, and work together with us today and tomorrow to make Tennessee a model of environmental leadership for the nation.

The conferences will be held at the Montgomery Bell State Park near Dickson, TN

October 25 & 26 – “2004 Planting P2 Conference”

October 26 & 27 – “22nd Annual Environmental Awards Conference”

More agenda and registration information will be available in the future via the E WRAP, TDEC web site, and the Tennessee Chamber web site. For further information at this point, contact Karen Grubbs regarding the “2004 Planting P2 Conference” at Karen Grubbs, Karen.Grubbs@state.tn.us and Wayne Scharber regarding the “22nd Annual Environmental Awards Conference” at wayne.scharber@tnchamber.org.

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6. REPORT SHOWCASES INNOVATION IN ENVIRONMENTAL PROGRAMS.

Two years after releasing a comprehensive innovation strategy, EPA has issued a report on progress. "Innovating for Better Environmental Results: A Report on EPA Progress from the Innovation Action Council," highlights numerous innovations shaping the next generation of environmental policy. The report presents innovations designed to improve water quality, address the funding gap for water infrastructure, and reduce smog and greenhouse gas emissions. It also describes how Environmental Management Systems, market-based incentives, sector strategies and other tools are creating more options for environmental problem solving. Many of the examples highlight collaboration with States, business groups, and communities, and offer models that can be used to improve results on a larger scale.

Copies of the report can be obtained by calling the National Service Center for Environmental Publications at 1-800-490-9198 and requesting publication 100-R-04-001.

More information is online about the 2004 innovation report and the 2002 innovation strategy at http://www.epa.gov/innovation

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7. HAZARDOUS WASTE REGULATIONS REVISED FOR PERFORMANCE TRACK MEMBERS.

On April 22, 2004, EPA issued regulations applicable only to members of EPA's National Environmental Performance Track Program. This action included a revision to the RCRA regulations to allow hazardous waste generators who are members of Performance Track up to 180 days, and in certain cases 270 days, to accumulate their hazardous waste without a RCRA permit or interim status; and simplified reporting requirements for facilities that are members of Performance Track and governed by Maximum Available Control Technology (MACT) provisions of the Clean Air Act (CAA).

For more information on the Performance Track program, visit http://www.epa.gov/performancetrack/

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8. REVISED DRAFT OF THE ISO 14001 STANDARD NOW UNDER REVIEW.

The draft international standard for ISO 14001 is now under review. It is expected that a revised ISO 14001 standard will be out by the end of 2004. Based on information from the Technical Committee 207, it appears that companies that conform to ISO 14001:1996 will not have to make significant changes to their existing programs. Renumbering of some of the ISO 14001 clauses and expanding certain activities to include subcontractors are part of the minor changes expected. This information is from Quality Progress, February 2004.

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9. CHANGES TO DOT REPORTABLE INCIDENTS

On July 1, 2004, new DOT regulations on reportable incidents will become effective. The changes include revisions on who must report hazardous material incidents, what incidents are reportable, and the written notification form itself, as detailed in 49 CFR 171.15 and 171.16. The rule was published in the December 3, 2003 Federal Register.

Under the new requirements, the person with physical possession of the hazardous material must report incidents occurring during transportation, loading, unloading, and temporary storage. Immediate notice by phone and/or a detailed incident report is required, depending on the incident. Historically, the carrier was responsible for reporting.

The revised 49 CFR 171.15 indicates that incidents requiring immediate notification to the National Response Center (800-424-8802) include those where, as a direct result of the hazardous material, one of the following occurs:

• Person is killed
• Injuries require hospitalization
• Public evacuation of 1 hour or more
• Transportation artery/facility closed for 1 hour or more
• Flight pattern is altered by incident
• Fire, breakage, spillage, or suspected contamination of:
  • Radioactive materials
  • Infectious substances
  • Marine pollutant release in quantity > 450 L or 400 kg
• T he person that reports the incident determines that it should be reported (e.g. continuing danger to life at the scene)

If one of these reportable incidents occurs, the person in possession of the hazardous material must call the National Response Center as soon as practical but no longer than 12 hours after the incident with the required information:

• Caller’s name
• Caller’s contact phone number
• Name and address of the person represented by the caller
• Date, time and location of the incident
• Extent of injury, if any
• Hazardous material classification, proper shipping name and quantity, if available
• Type of incident and nature of hazardous material involvement
• If there is continuing danger to life at the scene

The regulations at 49 CFR 171.16 state that a detailed incident report (DOT Form 5800.1, Rev. 01/2004) must be submitted within 30 days, in an electronic or written format. This detailed report is required for:

• Incidents that require immediate notification (as listed above)
• Unintentional releases of HAZMAT or discharges of hazardous waste
• Structural damage to cargo tank containing HAZMAT occurs
• Undeclared HAZMAT is discovered

The addition of reporting undeclared HAZMAT is particularly important to the DOT in their effort to minimize the number of undeclared shipments so as to increase safety, particularly with air shipments.

The release reporting requirements do not apply to certain consumer commodities, batteries, paint and paint related material (when shipped in a packaging of five gallons or less), and limited quantities.

A copy of the new DOT Form 5800.1 can be found on page 67761 of the December 3, 2003 Federal Register.

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10. LEBANON COMPANY RECEIVES STATE’S HIGHEST WORKPLACE SAFETY AWARD.

The Governor’s Award of Excellence has been given to LoJac Materials in Lebanon, TN. For close to two years, LoJac Materials Inc. in Lebanon, Tennessee, has worked without either a lost time or restricted duty injury. That means their employees are safer and their partnership with the Tennessee Occupational Safety and Health Administration has paid off. Now they have been awarded the Governor's Award of Excellence for workplace safety and health.

The prestigious award is given to Tennessee employers who meet the required number of hours during a calendar year without workplace injuries serious enough to cause an employee to miss a day of work or restrict his or her normal job activities. The number of hours required for the award is based on the size of the company.

Tennessee Occupational Safety and Health Administrator John Winkler presented the award today to LoJac employees at a ceremony at the Lebanon facility. LoJac employs 46 people and manufactures concrete block. "The evaluation criteria for the Governor's Award of Excellence for Workplace Safety and Health are demanding," said Winkler. "Achieving the required level of safety shows LoJac management and employees are committed to maintaining a safe and healthy workplace."

To obtain an application or additional information on Safety Awards Programs contact the TOSHA Safety Grant Manager in the Nashville Office at 800.325.9901 or 615.741.5241 or go to their Web site at http://www.tennessee.gov/labor-wfd/safetyaward.html.

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11. EPA ISSUES DESIGNATIONS ON OZONE HEALTH STANDARDS

The Environmental Protection Agency (EPA) told thirty-one governors that areas of their states do not meet new health standards for ground-level ozone. Part or all of 474 counties nationwide are in non-attainment for either failing to meet the 8-hour ozone standard or for causing a downwind county to fail. The vast majority of counties, 2,668 in all, meet the new standards. Ozone aggravates asthma, damages the lining of the lungs and makes breathing more difficult. Some 159 million people live in areas that do not meet the new ozone standard.

At the same time it issued designations on attainment and non-attainment, EPA issued a new rule classifying areas by the severity of their ozone conditions and establishing the deadline state and local governments must meet to reduce ozone levels. Once designations and classifications take effect on June 15, 2004, states and communities must prepare a plan to reduce ground-level ozone.

EPA Administrator Mike Leavitt stressed that the new ozone designations do not represent failure. "This isn't about the air getting dirtier," he said. "The air is getting cleaner. These new rules are about our new understanding of health threats; about our standards getting tougher and our national resolve to meet them."

Many states received good news; 18 entire states are meeting the new more protective standard. EPA finds no non-attainment areas in the northwest or in many of the Great Plains, Rocky Mountain and Great Basin states. The entire population in Iowa, Minnesota, Florida, Mississippi, Vermont, Hawaii and Alaska are breathing air that meets the new standard.

Measures that states and localities may be required to take to control ozone pollution may include stricter controls on emissions from industrial facilities, additional planning requirements for transportation sources or other programs like gasoline vapor recovery controls. EPA plans to work with states and local governments to help develop innovative approaches to meeting the new standard. A non-attainment designation does not mean that an area must curb its growth nor does it mean the loss of highway funds – two common myths associated with ozone designation.

"These ozone standards are strong medicine," Administrator Leavitt wrote the governors. "As a former Governor of Utah, I recognize that having parts of your state designated as being in non-attainment will require more actions on your part to achieve cleaner, healthier air. We need to work together to make certain your state can, as others have in the past, clean the air while sustaining economic growth."

EPA announced a suite of inter-related actions known as the Clean Air Rules of 2004, which include national tools to help states and communities, meet the national standard for ground-level ozone. The Clean Air Interstate Rule addresses power plant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx); both of which blow across state lines and significantly impact pollution levels, including ozone pollution, in downwind cities.

EPA's Clean Air Nonroad Diesel Rule will regulate emissions from construction and other nonroad equipment powered by diesel engines. The rule also cuts sulfur levels in diesel fuel by more than 99 percent over current levels. Both actions will significantly help localities achieve cleaner air.

Thirty areas voluntarily entered into Early Action Compacts (EACs) in 2002, agreeing to have a plan in place to reduce air pollution about two years sooner than required by the Clean Air Act. These communities have had their non-attainment status deferred as a result. These areas must attain the new ozone standard no later than December 31, 2007. Areas must submit satisfactory progress reports to retain their EAC status. Three of the original 33 EAC areas did not meet their requirements (Memphis, Knoxville and Chattanooga, Tennessee) and are no longer included in the EAC program.

The 8-hour ozone standard, 0.08 parts per million (ppm), averaged over eight hours, replaces the 1-hour standard that has been in place since 1979. The 8-hour standard was issued in 1997 after a significant body of research showed that longer-term exposure to lower levels of ozone can also affect human health. Implementation of the new standard was held up by a lengthy legal battle.

Deadlines for meeting the 8-hour ozone standard range from 2007 to 2021, depending on the severity of an area's ozone problem. For example, areas with more significant ozone problems, such as Los Angeles, may have to apply more rigorous control measures, but will have a longer time to meet the ozone standards.

Ground-level ozone, a primary ingredient in smog, is formed when volatile organic compounds (VOCs) and NOx react chemically in the presence of sunlight. Car, trucks, power plants and industrial facilities are primary sources of these emissions. Ozone pollution is a concern during the summer months when the weather conditions needed to form ground-level ozone – lots of sun and hot temperatures – normally occur. Ozone is unhealthy to breathe, especially for people with respiratory diseases and for children and adults who are active outdoors.

More information and a full listing of EPA's designations of state and tribal areas is available at http://www.epa.gov/ozonedesignations. Information about the Clean Air Rules of 2004 is available at http://www.epa.gov/cleanair2004. Information about Early Action Compacts is available at http://www.epa.gov/air/eac/.

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12. QUALITY, MANAGEMENT, AND ENVIRONMENTAL, HEALTH AND SAFETY WORKSHOPS – April 2004 through June 2004

For more information about the courses listed below, please visit our Web site. Or, call us: 615.532.8657 or toll-free at 888.763.7439. To register for any of these courses, please use this registration form.

Certain courses are underwritten by TDEC Division of Community Assistance funding under the Waste Reduction Assistance Program contract. Tennessee Pollution Prevention Partnership (TP3) Partners and Performer-level members receive a discount on registration fees for these open-enrollment courses. To learn more about TP3, please call George Smelcer at 615.532.4912, gsmelcer@tennessee.edu; Harding Aslinger at 423.425.2364, haslinge@tennessee.edu or contact Don Stone at 615.532.4924, dstone1@tennessee.edu. Or, you may visit the TDEC Web site at www.state.tn.us/environment/dca/tp3.htm.

** TP3 discount applies to Partner and Performer Level Members
† Government Employee Discount Available

In-plant courses on topics such as Lean Manufacturing, Quality Management, Human Performance Technology, Manufacturing Management and Operations, and Environment, Health and Safety also are available on your schedule. Please visit our Web site for course information, or call us at (615)532-8657 or (888)763-7439 to request a catalog.

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SUBSCRIBE FREE: http://www.tmep.utk.edu/

Feedback by e-mail: gsmelcer@tennessee.edu or buggeln@tennessee.edu
Feedback by phone: (615) 532-8657 or (888) 763-7439
WRAP Sheet archive: http://www.tmep.utk.edu/
WRAP Sheet is published by the Tennessee Manufacturing Extension Program: http://www.tmep.utk.edu

The University of Tennessee Center for Industrial Services
Tennessee Manufacturing Extension Program
193 Polk Avenue, Suite C
Nashville, TN 37210
Phone: (615) 532-8657
Fax: (615) 532-4937

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