Center for Industrial Services

In this issue ...

1. Penalty Policy On Violations Of Hazardous Waste Transportation
2. Changes in SPCC Final Rules May Affect You
3. OSHA is Alerting Employers with High Injury and Illness Rates
4. A Voluntary TOSHA Inspection Can Save You Money
5. Get Higher Profits Through Pollution Prevention
6. New Federal Report on Carcinogens Adds to List
7. Creative Conversion of Waste to Energy
8. QUALITY, MANAGEMENT, AND ENVIRONMENTAL, HEALTH AND SAFETY WORKSHOPS – June 2003 through August 2003

1. PENALTY POLICY ON VIOLATIONS OF HAZARDOUS WASTE TRANSPORTATION

The Tennessee Division of Solid Waste Management Rule 1200-1-11-.04(2)(a) requires any person wishing to transport hazardous waste to or from a location in Tennessee to apply for and receive a permit from the department before beginning such transport operations.

The motor vehicle transporter must have a copy of the permit with him and available for inspection whenever he picks up, transports, or delivers a shipment of hazardous waste in Tennessee.

A generator must not offer hazardous waste to transporters who do not have a valid permit to transport hazardous waste in Tennessee.

Penalties will be assessed to both generators and transporters who violate this rule.

• For transport when there is no release of hazardous waste to the environment, each violator will be penalized $1000 for each shipment. Violations may be detected during a shipment or during review of the annual report. In either case, a Notice of Violation and Enforcement Action Request will be written. If the generator or transporter is considered recalcitrant, the civil penalty will be increased.
• For transport that does involve a release of hazardous waste to the environment, an order will be issued assessing each violator a penalty that takes into consideration the potential or actual harm to the public or environment, economic benefits, and the extent of deviation from the regulatory requirements.

According to Garey Mabry at the Division of Solid Waste Management, “The rule was already in effect. We clarified the penalty policy to make it more explicit on the new effective date of March 1, 2003.”

For more information you can contact Mabry at (615) 532-0845.

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2. CHANGES IN SPCC FINAL RULES MAY AFFECT YOU

On July 17, 2002, the EPA published the final Oil Pollution Prevention and Response rule revising the federal Spill Prevention, Control and Countermeasure (SPCC) Plan regulation (40 CFR Part 112). The revised SPCC rule became effective on August 16, 2002. Under the new rule, the deadline for reviewing and amending SPCC plans is April 17, 2003, (revised from February 17, 2003), and the amended plans must be implemented by August 18, 2003.

These SPCC regulations apply to “non-transportation-related” facilities that:

• Store or use oil;
• Have the potential to discharge oil into “navigable waters of the United States or adjoining shorelines”;
• Have aboveground oil storage capacity of 1,320 gallons (the 660 gallon threshold no longer exists); or
• Have buried oil storage capacity of 42,000 gallons or greater but are not regulated under 40 CFR Part 280 or 281

The final rule has:

• Significantly increased responsibility for certifying PE.
• Applicability to various types of containers and equipment: underground storage tanks, above ground storage tanks, process tanks, etc.
• Changes in administrative requirements.

For more information on the new rule and to determine if it applies to you, see the summary at the EPA’s Web site.

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3. OSHA IS ALERTING EMPLOYERS WITH HIGH INJURY AND ILLNESS RATES

OSHA is alerting 14,200 employers across the country that their injury and illness rates are higher than average and is encouraging them to reduce hazards and protect workers.

OSHA identified establishments with the nation's highest lost workday injury and illness rates based on data reported by 93,000 employers surveyed by the agency last year. (That survey collected injury and illness data from calendar year 2001.) This was the first year the data collection initiative included the construction industry. (Thirteen thousand construction employers were surveyed.) Workplaces receiving the alert letters had six or more injuries or illnesses resulting in lost workdays or restricted activity for every 100 full-time workers. Nationwide, the average was just under three lost-time instances for every 100 workers.

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4. A VOLUNTARY TOSHA INSPECTION CAN SAVE YOU MONEY

Between July 2001 and June 2002, TOSHA inspectors discovered more than 8,400 hazards, but almost 3,000 of those hazards were spared penalties. Why? Because they were conducted by inspectors from TOSHA’s Consultative Services office.

The Consultative Services program offers both occupational safety and industrial hygiene services to manufacturing, construction and other types of businesses in Tennessee. During a consultative inspection, the industrial hygienist and occupational safety specialist will identify safety and health hazards and help you implement cost-effective hazard control solutions.

Tennessee operations inspected by TOSHA are subject to penalties if the inspection is made by Safety and Health Compliance Inspectors, but there are no penalties if the inspection is made by Consultative Services inspectors.

The results of last fiscal year’s TOSHA inspections are:

Safety and Health Compliance Program

• 1713 inspections
• 5538 hazards identified
• $2,563,182 penalties assessed

Consultative Services Program

• 379 visits
• 2889 hazards identified
• $0 penalties assessed

To find out more or to schedule a free consultative TOSHA inspection, contact Garrett Rea at (615) 741-6373. For information on TMEP safety management and compliance training contact TMEP consultant Bryan Lane at (615) 532-4590 or blane@tennessee.edu.

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5. GET HIGHER PROFITS THROUGH POLLUTION PREVENTION

Have you been thinking of pollution prevention efforts as an expense? In fact, prevention efforts netted businesses savings of more than $660,000,000 during the 1990s, according to a study conducted by the EPA. Pollutants were cut by 167,000,000 pounds between 1990 and 2000 thanks to workplace pollution prevention programs, according to a new national report.

Here's one example of how pollution prevention saves money: Companies switch to less toxic products and eliminate the cost of sending waste toxins to disposal sites. Metal plating shops, chemical plants, refineries and dry cleaners are just some of the businesses that can see big profit through pollution prevention programs.

To learn more about how pollution prevention can benefit your bottom line, visit the EPA Web site, which provides links to many pollution prevention resources.

The TMEP also provides pollution prevention assessments that will determine if you can save money by finding pollution prevention opportunities in your business. To find out more about this service, contact your TMEP field consultant or George Smelcer at (615) 532-4916 or gsmelcer@tennessee.edu.

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6. TP3 PLEDGE MEMBER RECOGNIZED FOR ENVIRONMENTAL LEADERSHIP

TP3 (Tennessee Pollution Prevention Partnership) member Bridgestone/Firestone in Warren County, Tenn., is participating in the EPA’s National Environmental Performance Track program. Designed to recognize and encourage top environmental performers, the program honors companies that go beyond compliance with regulatory requirements to attain levels of environmental performance and management that benefit people, communities, and the environment.

On May 5, 2003, a team of representatives from EPA, TDEC, and The University of Tennessee Center for Industrial Services performed a National Environmental Performance Track Site Visit Evaluation of the facility. Although the final report will not be issued until later this summer, the evaluation was positive, suggesting this facility will become one of only five in Tennessee to achieve this prestigious distinction in environmental leadership.

In addition to it being a significant honor, qualifying for this EPA program results in fewer environmental compliance inspections.

Environmental Manager Sean Fisher and Plant Manager Dennis Ringgenberg are to be commended for demonstrating environmental leadership, as is Carol Simcox, an administrative assistant and the plant’s community liaison. TP3 is very appreciative of the support and encouragement of Greer Tidwell in his many roles, one of which is Environmental Management Director for Bridgestone/Firestone North America Tire.

This and other environmental achievements of the Bridgestone/Firestone Warren County facility are featured in this recent Tennessean article.

If you would like information about the TP3 Program, contact George Smelcer at (615) 532-4912, Don Stone at (615) 532-4924, or Harding Aslinger at (615) 532-8888.

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7. CREATIVE CONVERSION OF WASTE TO ENERGY

Smithfield Foods, Inc., of Utah has announced that it will invest $20 million to build a facility that converts swine waste into biodiesel vehicle fuel. Smithfield will be the major partner in BEST BioFuel, LLC, a state-of-the-art operation located near Milford, Utah.

The project will involve construction of a collection system to pump waste to a central processing facility where it will be concentrated. The concentrated liquid will then be introduced into a second facility that produces biogas, which is then piped to an enclosed plant where thermo-catalytic processes convert it into biomethanol.

The biomethanol will be transported to a plant outside of Utah for processing into biodiesel using oils, such as soybean oil, animal fat and used cooking oil. The result is a clean-burning, renewable fuel that also has been shown to extend the life of diesel engines due to improved lubricating action.

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8. QUALITY, MANAGEMENT, AND ENVIRONMENTAL, HEALTH AND SAFETY WORKSHOPS – June through August

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. You can register for these courses online, or 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, Don Stone at (615) 532-4924 or Harding Aslinger at (615)532-8888. Or, you may visit the TDEC Web site at www.state.tn.us/environment/dca/tp3.htm.

LEAN MANUFACTURING (TP3 member discount available)

Lean 101: Introduction to Lean Manufacturing Principles

• Knoxville – August 19
• Nashville – August 20

Lean 202: Value Stream Mapping

• Knoxville – August 26
• Nashville – August 27

Lean 203: Workplace Organization & Visual Controls (5-S System)

• Chattanooga – June 5
• Memphis – June 3
• Nashville – June 4

Lean 208: Mistake Proofing your Manufacturing Process

• Chattanooga – June 12
• Memphis – June 10
• Nashville – June 11

QUALITY MANAGEMENT

Understanding and Transitioning to ISO/TS 16949:2002

• Nashville – June 10

ENVIRONMENTAL MANAGEMENT AND ISO 14000(TP3 member discount available)

EMS/ISO 14001 Implementation

• Nashville – June 17

ISO 14001:1996 Internal Auditor

• Nashville – August 20-21

HAZARDOUS WASTE/CHEMICAL SITE WORKER (Government employee discount available)

40-Hour Site Worker

• Gatlinburg – June 9-13

8-Hour Site Worker Refresher

• Knoxville – July 10
• Memphis – August 12

8-Hour Emergency Response Refresher

• Memphis – August 13

DOT COMPLIANCE (Government employee discount available)

16 - Hour DOT

• Knoxville – August 6-7

SAFETY MANAGEMENT AND COMPLIANCE

OSHA 10-Hour General Industry

• Nashville – June 3-4

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Feedback by e-mail: gsmelcer@tennessee.edu
Feedback by phone: (615) 532-8657 or (888) 763-7439
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The University of Tennessee Center for Industrial Services
Tennessee Manufacturing Extension Program
226 Capitol Blvd., Suite 606
Nashville, TN 37219-1804
Phone: (615) 532-8657
Fax: (615) 532-4937

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