Celly Services Inc.

General Information on COVID-19 Virus

With 167,511 cases of coronavirus disease (COVID-19) reported globally and 6,606 deaths as of today, the United Nations has declared a global pandemic. The U.S. Government has declared a national public health emergency. It is time you educate all employees on COVID-19. All employees must take extra precautions and follow the recommendations from the Centers for Disease Control & Prevention (CDC) when interacting with each other and the public.  
The cases in the U.S. have escalated significantly in the last 2 weeks from less than 100 cases by March 1, 2020 to 3,487 and 68 deaths as of today. CSI provides below guidance from the CDC that can be effective in educating your employees regarding their health & safety. Print the posters listed below on a color printer, laminate, and post on employee notice boards, locations where notices to employees are customarily posted, and in prominent places e.g., restrooms.
STOP THE SPREAD OF GERMS:https://www.cdc.gov/coronavirus/2019-ncov/downloads/stop-the-spread-of-germs.pdf
You may print this notice in other languages from https://www.cdc.gov/coronavirus/2019-ncov/communication/factsheets.html Recommended Locations: Lunchroom, Employee Notice Boards, Restroom Walls (in conspicuous locations near the mirror). May also use as a payroll stuffer.
WHAT YOU NEED TO KNOW ABOUT THE DISESASE:https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf
SYMPTOMS OF CORONAVIRUS DISEASE:https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf
WHAT TO DO IF YOU ARE SICK WITH CORONAVIRUS DISEASE:https://www.cdc.gov/coronavirus/2019-ncov/downloads/sick-with-2019-nCoV-fact-sheet.pdf
Hand Washing and Hand Sanitizer:  Encourage regular and proper handwashing and hand sanitizer use. Provide hand sanitizer (60% alcohol) at multiple locations. Ask employees to minimize physical contact, avoid shaking of hands, and maintain social distancing.
Stay Current: Information on COVID-19’s spread is changing rapidly. Stay current and build an action plan to prevent, control and manage COVID-19 in your workplace. You should consult trusted authorities such as www.cdc.gov/COVID19 regularly on this matter.
DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice.  Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

This is not your Father’s EPA…This is the New Enforcement of EPA Regulations

PENALTIES FOR ILLEGAL DISPOSAL OF HAZARDOUS WASTE ARE SKYROCKETING:  Last year a chain of automobile stores were hit with penalties totaling $3.38 million dollars ( as reported in San Jose Mercury News ).  Recently, Pep Boys settled to pay $3.7 million dollars in a lawsuit alleging that the company illegally dumped hazardous waste. https://www.mercurynews.com/2019/09/30/pep-boys-to-pay-millions-in-hazardous-waste-settlement/amp/.  An auto dealership in Santa Barbara County settled with the DA’s office earlier this month for $100,000 dollars regarding hazardous waste disposal violations. http://www.santamariasun.com/news/19054/das-office-settles-with-local-auto-dealer-on-alleged-environmental-violations/ Earlier this week, Service King settled, without acknowledging any wrongdoing, for $2.35 million dollars for illegal disposal of hazardous waste from collision repair operations such as auto body sanding dust, sanding pads, automotive paints, clear coats, solvents, non-empty aerosols, etc. https://www.repairerdrivennews.com/2019/10/28/california-da-service-king-will-pay-2-35m-settlement-over-hazardous-waste-found-in-trash/. The responsibility of proper management and disposal of hazardous waste rests on the Business Owner & Operator. We have outlined some policies and procedures that management must use in order to stay clear of such enforcement. The recommendations are as follows:
MANAGEMENT ISSUES
An automotive dealer must install policies and procedures related to hazardous waste management.
Hazardous Waste Hauler:  Selection criteria should include as follows:
-Haulers that are licensed and registered with the state. Compare costs and services.
-The haulers must provide proper labeling resources and assist with the labeling of hazardous waste containers. They also maintain the schedule for when the waste is collected and ensure it is done in a timely manner, with the paperwork handled properly. Generally, hazardous waste generated by the facility should not be accumulated for more than 90 days.
-Non-California facilities with less than 100 kg/month of hazardous waste are classified as Conditionally Exempt Small Quantity Generator (CESQG). The dealers that fall in this CESQG category have no accumulation limit on hazardous waste.
Service Manager: The Service Manager and other managers must be on top of issues that arise. Establish processes as follows:
-What are the duties of the management staff regarding hazardous waste compliance?
-Who completed training on hazmat (including an annual refresher), emergency response, and where are the documents maintained?
-Facility Inspection: What person or persons will accompany the inspector on the annual walk-through? Generally, the walk-through results in Notice of Violations (NOV), which, if corrected in the established time-frame, will carry no penalties.
-Who is responsible for completing the tasks noted on violations? The penalties occur when the NOV goes unanswered. Many dealerships change managers often and new managers fail to address the pending violations in timely manner. Establish a process that requires any violations that are handed to the dealership be copied to the GM and other managers who can then monitor the correction status of violations.
-Service Manager must be held responsible for compliance activities. If the Service Managers says, “There are not enough hours in a day”, “this environmental compliance is not my duty”, or “it’s difficult to monitor what the techs are doing viz-a-viz throwing not fully empty containers into the trash”, it’s time to have a talk with your Manager.
HAZARDOUS WASTE DISPOSAL VIOLATIONS
An average dealership generates hazardous waste, such as used motor oil, used absorbent (used to absorb hazardous waste), used coolant, used parts washer fluid, non-metal used oil filters, waste thinner (from body shop), contaminated fuel etc.  Other waste, such as tires and used automotive batteries, are not classified as hazardous but they are regulated. You cannot dispose of that waste in dumpsters; instead, it must be recycled. https://www.dtsc.ca.gov/HazardousWaste/upload/HWM_FS_Generator_Requirements.pdf Violations that are being penalized by regulators are as follows:
Illegal Disposal: Disposing automotive fluids, batteries, aerosol cans, electronic devices and other regulated waste in the dumpster.
Employee Training: Employees must be trained to place hazardous waste in properly labeled containers. Unidentified waste should not be mixed with other waste. Employees should seek guidance from their manager regarding the proper storage of unidentified waste for later disposal through a licensed hauler.
SPCC Plan: Storage capacity above 1320 gallons needs a Spill Prevention Control & Countermeasures (SPCC) Plan. Secondary containment and covered tank areas minimize the accidental spill to storm sewers. Employee training on SPCC is also mandatory. Keep daily inspection log in files for 3 years.Waste –
Tank Structural Assessment (Title 22): Waste tanks need a structural assessment every 5 years from a registered Professional Engineer (PE). However, facilities generating less than 1000 kg/month are exempt from this requirement. Recently, regulators are more stringent on this code enforcement.California Environmental Reporting System (CERS): All facilities with hazmat in excess of 55 gallons or 200 cu. ft. of compressed gas must report hazmat on CERS. This reporting is similar to the federal Tier II reporting requirements. Inventory, facility maps, and the emergency contact list must be submitted and updated annually.
Spill Response: Employee training is mandatory for spill response. None of the facilities were penalized by the DA’s office for illegal disposal off the lot via a leak or a spill. If such a spill was to happen and the discharge reached the storm sewers, the DA or the EPA would demand the availability of spill response training and availability of spill kits. Spill kits must consist of snakes, absorbent pads, and bags of absorbent. Kits must be capable of mobilization in a matter of seconds.
Containers Labeling: Proper and clear labeling are equally important in guiding employees to place waste in the correct containers. Dealers must contact their hazardous waste haulers and others to provide them with labeling that is compliant for all hazardous waste and universal waste containers. Labeling may need special waste codes and accumulation start dates.
Dumpster Review & Other Miscellaneous Matters: Management must control what goes into dumpsters and trash cans to ensure that risks are minimized. Some practical tools that aid operations are listed as follows:
Eliminate Aerosol Cans & Quart Containers: Bulk purchase of brake cleaner with refillable cans will eliminate majority of aerosol cans going into the dumpster. Similarly, buying oil and ATF in bulk will eliminate quart bottles entering the dumpster. Buying in bulk also is much cheaper as you get a volume discount and eliminate retail packaging.
Oil Saver Equipment: Employees should be encouraged to drain the quart containers, when used, and placed on top of the used oil dolly to drain. Equipment to drain 5 quarts of oil simultaneously may be placed in shop bays. The techs place the quarts in the drain equipment and by the time they return after completing paperwork and returning the car to the lot, the quarts are drained, empty and then disposed into the trash can. https://www.toolplanet.com/product/Hansen-Global-Inc-69002-Oil-Saver-Bottle-Drain/oilsaverfunnel?gclid=EAIaIQobChMIpp7Zzv6m5QIVD6rsCh31Ew59EAQYAyABEgIIfPD_BwE
DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as professional advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. This article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Cal/OSHA Regulatory Update & Top Citations for 2017 and 2018

Cal/OSHA has amended regulations, effective January 1, 2020, which changes the definition of “serious injury or illness” that must be reported to Cal/OSHA within 8 hours. There are also changes to the definition for repeat violations under Cal/OSHA. The most cited regulations for 2017 & 2018 list is also public now. The new regulation, AB 1805, changes the definition of serious injury that must be reported to Cal/OSHA within 8 hours is as follows: “Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.
Note: Fed-OSHA definition of serious injury and the reporting period are different and not as stringent as Cal/OSHA.
Changes in effect for California employers from 1/1/20 are as follows:
8 Hour Reporting for Serious Injury: Any inpatient hospitalization for work related injury or illness, for anything other than medical observation or diagnostic testing must be reported. In the past, an employee was required to be hospitalized for 24-hours before Cal/OSHA reporting requirements were triggered.Repeat Penalty: Major changes to the Cal/OSHA repeat penalty assessment. Now, the repeat will be assessed for all violations of a similar code in the last five years. In the past, Cal/OSHA went only 3 years into the record. We believe that Cal/OSHA has decided to mirror the feds, where the repeat penalty calculation has always been 5 years. The repeat penalty is assessed to all dealerships within common ownership. If the dealership has a store in Las Vegas where they were cited for failure to have an eye wash, and now the same group with a dealership in Los Angeles is cited without an eye wash, the dealership in LA will face the repeat penalty fee – which is now $132,598!  
Type of Violation
Penalty
General
$750 per violation
Serious
$13,260 per violation
Failure to Abate
$13,260 per day beyond abatement date
Willful or Repeated
$132,598 per violation
Criminal(willful violation causes employee death)$250,000 for individual6 months prison$500,000 for corporation
Cal/OSHA Top Citations Issued in 2017 & 2018 are as follows:
No Injury and Illness Prevention Program – 2,438No Heat Illness Prevention Program – 1,196Failing to Report Serious Injuries, Illness – 808No Hazard Communication Program – 639No Air Compressor Operating Permit – 531No ANSI Approved Eye Wash Unit – 483No Safety Inspections / Failing to ID Hazards – 424Fire Extinguishers not checked monthly – 335Failing to Lockout Machine before Servicing – 334Electrical Panels Blocked – 282No First Aid Kit at work site – 267
FED-OSHA TOP 10 citations Issued for 2019 are as follows:
1. Fall Protection – 6,010 violations:  Falls, primarily from ladders and roofs, accounted for 384 fatalities in 2016. Any time a worker is at a height of 4 feet or more (30 inches or more in CA), the worker is at risk and needs to be protected.
2. Hazard Communication – 3,671 violations: Employers are required to provide a written Hazard Communication Program, label hazardous chemicals, provide a Safety Data Sheet for each chemical, and document employee training.
3. Scaffolding – 2,813 violations: Primarily applicable to the construction industry.
4. Lockout/Tagout – 2,606 violations: Specific procedures and practices safeguard employees from the unexpected energization or startup of machinery and equipment. A written program and employee training is mandatory (annually). Employees working on automobiles must comply by isolating energy to the engine to prevent inadvertent movement during repair or service. A lockout kit including locks should be available.
4. Respiratory Protection – 2,450 violations: Body shop employees need specific training on policies (written) and practices involving the use of respirators during auto refinishing operations. Training on respiratory protection, fit testing, user seal check, and respiratory cleaning procedures are mandatory, and so is the OSHA Respirator Medical Evaluation Questionnaire. When an employee wears a respirator, even when it is not required under the regulation, information on proper usage, including limitations, must still be provided.
6. Ladders – 2,345 violations: Limit ladder use to trained and experienced staff only. Secure ladders with a chain to prevent usage by untrained staff.
7. Powered Industrial Trucks (Forklifts) – 2,093 violations: The high number of fatalities associated with forklifts and high number of violations associated with powered industrial truck safety tell us that many workers are not properly trained to safely drive potentially hazardous equipment. OSHA compliance requires training in these specific activities: forklift operations, loading and unloading, and vehicle maintenance. Evaluating an operator every three years is also mandatory.8. Fall Protection Training Requirements – 1,773 violations: This moved up a notch from the 2017 number 9 spot. Dealerships must protect employees working on the parts second floor while loading or unloading parts.
9. Machine Guarding – 1,743 violations: Moving machine parts has the potential to cause severe workplace injuries, such as crushed fingers or hands, amputations, burns, or blindness. Safeguards, including anchoring machinery, are essential for protecting workers from these preventable injuries. Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact with the machine may injure the operator or others in the vicinity, hazards must be eliminated or controlled. Moving parts in automobiles, grinders, and brake lathes are all subject to this regulation.
10. Eye & Face Protection – 1,411 violations: Essentially reinforce your Person protective Equipment (PPE) policy and ensure all your employee wear eye and face protection as necessary.
DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as professional advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. This article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

California Wild Fire Smoke Regulations

The State of California enacted an emergency regulation earlier in 2019 to protect employees from hazards related to wildfire smoke (https://www.dir.ca.gov/DIRNews/2019/2019-66.pdf). The emergency regulation is in effect until January 28, 2020 with the possibility of two 90-day extensions. The regulation requires employers to take action when the Air Quality Index (AQI) for airborne particulate matter (PM 2.5) is 151 or greater (see Note below). Outdoor occupations such as agriculture, construction, landscaping and shops with open layouts are affected. Also, when an employee spends one hour or more outside over a course of a shift must comply with this regulation. High traffic areas, such as the showroom, where the front doors are opened frequently are also impacted.
Action Needed: At the beginning of the shift and periodically thereafter the employer must check the AQI for PM 2.5. One way to find out the PM 2.5 AQI data in real time in the outdoor space is to visit www.airnow.gov and use your zip code.  There are other government websites providing this data on the web. The action taken by the employer may consist of engineering control or administrative control. Engineering control would be placing the employees in a building with an air filtration system that reduces the PM 2.5 below 150 and administrative control would be to place them in an area that has air with PM 2.5 below 150. The regulatory burden increases significantly when the PM 2.5 exceeds 500 in the form of advanced respirator training and management (See CA Title 8 Section 5144).
Respirators: Respirators must be provided to employees when both engineering and administrative controls are not feasible. The N95 disposable particulate type respirator to be used to protect employees are available for 50 cents at your local hardware store. Safe use, maintainence and product limitations noted on the box of respirators must be reviewed. Cal/OSHA regulations https://www.dir.ca.gov/title8/5144d.html (Appendix D) has a specific memo on usage of such respirators that must be reviewed as well. 
Training: The employees must be trained on the new regulation including the health effects of wildfire smoke. Information at https://airnow.gov/index.cfm?action=smoke.index may be utilized to train employees and those at higher risk of health issues related to wildfire smoke. Training should include how employees can obtain air quality information and medical treatment, if necessary. Employers should establish a method for employees to inform them about worsening air quality and related adverse health effects.
Note: PM 2.5 refers to tiny particles or droplets in the air that are two- and one-half microns or less in width. Like inches, meters and miles, a micron is a unit of measurement for distance. There are about 25,000 microns in an inch. The widths of the larger particles in the PM 2.5 size range would be about thirty times smaller than that of a human hair.
DISCLAIMER:  The contents of this newsletter are merely for informational purposes only and are not to be considered as professional advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. This article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Best Can Since Canned Beer

Do it for the love of money or the benefit of the environment, or both! What can be economical, good for the environment, and less labor? It’s the refillable can of brake cleaner. Basically, the dealership gets 55 gallons of brake cleaner with refillable cans and the rest is easy. Many dealerships are doing this and find this to be very attractive, especially when taking into account all the costs related to purchase, use, and disposal of aerosol cans. We discuss the pros and cons here:

Dollars & Cents: The dealership buys the drum of brake cleaner with the refillable equipment and aerosol cans. The supplier charges for the drum only. The refillable machine and the refillable cans are free (with the purchase of the drum). A 55-gallon drum retails for about $550. Cost savings:

The refillable can is half the price of retail. Go for it!

Note: If you have to dispose aerosol cans as Universal Waste, add on another $400 for 200 not fully empty aerosol cans. Your savings just tripled. This is a no-brainer

Environmentally Sound Brake Cleaner: Acetone does not have the headaches of chlorinated solvents. Chlorinated solvents, even traces of it, can wreak havoc with used oil disposal. Disposal of used oil laced with halogenated solvents can cost a few dollars per gallon as it heads to an incinerator rather than recycling. Hexane base brake cleaners have been banned, as hexane has been shown to cause peripheral neuropathy in technicians using this solvent over a period of time. Acetone also flies below the radar of many Air Quality Management Districts that have limited the aerosol cleaners with VOC above 25 grams/liter. Acetone based brake cleaner have no AQMD limitations since it is virtually VOC free.

Fire Department Considerations: Fire Department and OSHA regulations limit the storage to 110 gallons of acetone at the facility, See the Newsletter on ourhttps://epaoshablog.com/2017/07/21/news-views-july-2017/. Some Fire Departments may require the storage in a NFPA approved cabinet. Do not over stock the drums as you will exceed storage regulations, expand on the fire hazards, and bear the wrath of the Fire Inspector. Limit your purchases to the minimum needed logistically and operationally. All drums must be properly grounded to protect from static electricity hazards. Grounding must be done with a water pipe or a steel rod 8 feet into the ground. Connection to a conduit or air-line is insufficient.

OSHA Considerations: Acetone is flammable and a toxic substance. Train employees to wear Personal Protective Equipment, such as gloves and eye protection. Use acetone in well ventilated areas, and minimize exposures. Employees spraying acetone close to a 750°F catalytic converter, or close to any other fire source, will experience a flash that will burn their eyebrows, eye lashes and other facial hair! Provide SDS to employees and train them on the Hazard Communication Program. Acetone is a serious fire hazard and can ignite, even if there is only a 2.6% concentration in the air. Fire extinguishers to control fires include foam, carbon dioxide, and dry chemical (Type B or C).

Other Winners: There are additional advantages other than cost savings and reduced waste. A few them are listed here:

  • Minimal Foot Print – A 55G drum has storage of about 500 cans. It will definitely use less storage space.
  • Longer Order Points – No need to order brake cleaner weekly. The system has a monitoring device that allows you to determine the volume remaining and order accordingly.
  • Easy Fill – The system has an easy filling mechanism that is automated and takes the guess work out of the air liquid mixture to be loaded. If the can or filling mechanism goes bad, it is replaced for free!
  • Delivery – Vendors deliver drums within 4 business days of order, as manufacturing plants are located all over the US.

DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as professional advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety prior to purchase of bulk brake cleaner. Bulk storage of flammable materials have safety ramifications so employers and employees must fully understand the safety considerations involved with bulk storage and usage of flammable brake cleaner. This article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Assistance in preparing this article was provided by Tom Baker of Basics. Our newsletters can be accessed at http://www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Verification Questionnaire CALIFORNIA ONLY

What is the purpose of the California Annual EPA ID Number Verification Questionnaire?

Anyone who generates, transports, offers for transport, treats, stores, or disposes of hazardous waste must have a hazardous waste identification (ID) number, which is used to identify the hazardous waste handler and track the hazardous waste from the point of origin to its final disposal (“cradle to grave”). The purpose of this verification is to ensure that the information on record for the EPA ID Number is correct and current.


The annual Verification Questionnaire and fees assessment for hazardous waste ID numbers and hazardous waste manifests is required by California Health & Safety Code section 25205.15 and 25205.16. Any generator, transporter, or facility operator who fails to provide information required by the department to verify the accuracy of hazardous waste activity data shall be subject to suspension of any and all identification numbers assigned and to any other enforcement action (Health & Safety Code section 25205.16(c)).

What to do?

Hazardous waste generators register on the state web site. All one has to do is log-in and complete the questionnaire to determine if any fees are due. Fees must be paid promptly with the system generated invoice. Fees can range from $150-600 per EPA ID number, depending upon the number of employees at the dealership and the hazardous waste manifests completed for the year.

Options available now:

  1. Complete your EVQ Questionnaire: Dealerships must complete the EVQ questionnaire and pay the relevant fees ASAP. 
  2. Clients of Celly Services contact us to complete your EVQ: Please email us the log-in information for EVQ as follows:

A. Log In for EVQ

Username: _____________________

Password: _____________________

B. Number of Employees at dealership: ____________

NOTE 1: We may have stored your EVQ Log in details number from last year. In that case, send us the total number of the employees paid at the corporation.

NOTE 2: If you don’t know the user name and password just send an email to evq@dtsc.ca.govand they will email you a username and password registered to that email address. The user from last year will have the email registered under their name. The system allows you to register as a new entity as well. If you wish for Celly Services to set up log in credentials, please send us a letter on your letterhead. “Permission to obtain login credentials” (Example letter is shown below)

What happens if you do not file EVQ: 

The dealership’s EPA ID number will be made inactive. There is no real warning to the dealership. The hauler stops picking up the hazardous waste as the EPA number has become inactive. Your hazardous waste oil tanks, drums and buckets can continue to overflow! Only after completion of a new EPA ID application, completion of the EVQ and upon the payment of fees, the EPA ID number gets reactivated. This whole process can take over 2 weeks and can be demanding. In summary, consider this matter as critical and get it done ASAP. We are here to help.  

Reach us at 562-704-4000 or sam@cellyservcies.com

Other Useful Links:

DISCLAIMER: There is no warranty implied or direct or whatsoever as to the completeness or applicability of these signs presented here. The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice.  Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletterscan be accessed atwww.epaoshablog.com. Your comments/questions are always welcome. Please send them tosam@cellyservices.com.

PREVENT A $100,000 CATASTROPHE BY INSTALLING A $500 VALVE/TIMER DEVICE ON YOUR NEW OIL/ATF TANKS

You walk into the shop early in the morning and see a mega oil spill. Material loss and cleanup can cost a bundle not to mention the shop shut down time while the cleanup crew vacuums the shop floor, slurry the lot and undertake the cleanup of the storm sewer. Regulators are breathing down your neck threatening civil and criminal penalties.  
WHAT HAPPENED: The leak source may be attributed to equipment failure as follows:
  • Metering Pump Failed: In one case the metering pump controlled by parts department to regulate the dispensing of oil failed, creating a backpressure that emptied out the entire oil tank on the shop floor and then into the storm sewer.
  • Dispenser Came Off The Hose: The new dispenser and hoses installed did not have a tight fit and on a weekend the dispenser unit came off, resulting in emptying out the oil tank, even though the compressor had been shut off. The oil spill damaged the lot and entered the storm sewer resulting in extensive cleanup and regulatory activity.
  • Pipe Leak: The pipes carrying the oil from the oil tanks to the shop burst resulting in an oil spill. Even though no oil was discharged to the storm sewer, there was significant product loss and cleanup activity not to mention productivity loss as the shop had to be shut down for a few days. 
In each of the cases where oil had spilled to the storm sewer, extensive regulatory enforcement activity followed. Cleanup of the entire lot and service department had to be undertaken as well, along with the cleanup performed on the complete storm sewer system impacted by the oil spill. The price tag, in each of the cases was tens of thousand of dollars! The SPCC Plan prepared by the dealership was also summoned by the federal-EPA and the dealership underwent rigorous questioning.  
WHAT TO DO: The remedial measures to avoid such disasters are straightforward, easy and inexpensive to install compared to the potential for an expensive and troublesome spill.
  1.  A $500 Solenoid Valve With Timer Will Shutoff Air To Dispensers During Non-Shop Hours: (We recommend this option) Place a solenoid valve with a timer in the air-line to the oil tank dispensers. With the help of a preset timer, the valve will automatically shut-off air to dispenser pump during non-shop hours thereby preventing any spills. Leaks or spills in the shop area during shop hours are not an issue as they are detected immediately and addressed by the shop staff in a timely manner. Compressed air required by the detail staff or others will still be available even though air is not available to the dispenser pumps.
  2. Training Employees To Shut Air To Dispensers By Hand Valve Is Not Effective: A hand-operated valve would do the same job as shutting the air with a solenoid valve as discussed above but is prone to human errors. Shop porters or other shop staff will have to be trained and routinely reminded to ensure that they are carrying out the job of shutting air during non-shop hours. A shop porter trained to shut-off valve can be on vacation, call in sick, or simply be terminated resulting in the discontinuation of the air shut off procedure. An automatic valve with in-line timer as discussed above does not have the human limitation. The mechanical device has to be tested for proper operation and serviced on a periodic basis.
  3. Compressors On The Timer: Some dealerships have compressors with a timer to shut them at the end of the work shift. However, there is enough air in the air-storage tank, even after compressor has been shut off, to empty the oil tank of hundreds of gallons when a leak occurs down stream in the hoses, dispenser, or the metering pump. So this procedure is of limited use in preventing spills. To prevent corrosion of the air tank, many companies have an employee drain the air-tank on a daily basis. This procedure faces the same limitations discussed in item # 2 above.
DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice.  Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.