As part of local, state and federal regulations, businesses are required to be prepared for prompt evacuation in the event of a fire, earthquake or flood. Spills of hazardous materials, when a threat to human life, may also require evacuation of the facility. The objective of this memo is to assist the dealership in conducting an evacuation drill as part of emergency preparedness.
A good evacuation will require the coordination of the Departmental Managers and cooperation of each employee at the facility. To complete safe and prompt evacuation drills, information is attached as follows:
Evacuation Drill Preparedness for Managers: The managers must read and understand every step involved in the drill as listed in this memo. When a real evacuation is to be done, there will not be much time to think. So managers must understand their responsibility and understand that the success of the drill depends on their execution.
Memo & Evacuation Map (on Notice Board) to Employees Prior to the Drill: Employees must receive this memo in advance as part of drill preparedness as well. Request your employees to read the memo and understand the location of the evacuation point on the map posted on the Notice Board. As most dealerships are laid out simply, the route to the evacuation point is straightforward. Verbally tell the employees if the communication will be verbal or through a bullhorn. Note: the phone system or the PA system may be out in the event of an electrical outage. Note: If you need a copy of your evacuation map, please email support@cellyservices.com.
Drill Record/Comment Form: Document the drill and attendees. Make the drill a part of your learning process. By giving the comment form to employees, you will empower them to have a say in future (or actual) evacuations. Secondly, comments by employees, which may be incorporated in future drills, can improve your drills.
Visitors at the facility may also need assistance to the evacuation assembly area. A senior Manger must go to the customer lounge, inform the customers that this is an evacuation drill and lead them outside. When they are at a point that is sufficiently away from the building, where no building glass or objects in the event of a real earthquake/fire may hurt them, you may lead them back. Customers will appreciate you thinking of their safety rather than thinking it’s a nuisance.
The drill should require an account of all employees at the evacuation assembly area. A log should be available to account for employees. An employee can return to his/her job location only after a head count is complete and approval for return has been granted. If possible, provide a soda and a cookie to each employee signing the logbook. This may sound cute but works like a charm, especially to those ruffled feathers!!! Encl.: Evacuation Drill Preparedness for Managers, Evacuation Memo for Employees, Fire Evacuation Drill Record/Comment Form, & Emergency Action Plan & Evacuation Procedures
You walk into the shop early in the morning and see a mega oil spill. Material loss and cleanup can cost a big bundle, not to mention the shop shut down time while the cleanup crew vacuums the shop floor, slurries the lot and undertakes 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 the 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. This resulted in the oil tank emptying out, 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 case where oil was spilled to the storm sewer, extensive regulatory enforcement activity followed. Clean up of the entire lot and service department had to be undertaken as well, along with the clean-up performed on the entire storm sewer system impacted by the oil spill. The price tag in each of the cases was tens of thousands of dollars! The SPCC Plan prepared by the dealership was also summoned by the federal EPA and the dealership underwent rigorous questioning.
CIVIL: Preventive Measures Involve Building Physical Barriers to Prevent & Catch Oil Spills
Build a concrete wall: The wall around the tank will contain an accidental leak from failure of fittings or a leak from the tanks. Many times, tanks are double walled: the interstitial space must be monitored for leaks and an inspection log kept. When tanks are in a tank room, a berm at the entrance can be built to contain a spill from a leaking fitting or a burst hose. A dealer in the Bay area insists on the berm at each of his 16 stores!
Bollards: Tanks are generally kept in tank rooms specifically built for the purpose. Auto manufacturers have come up with specialized lube oil, the storage of which is now in tanks in the shop area and exposed to traffic. Install steel bollards to protect the tanks from accidental impact.
Secondary Containment: Generally secondary containment for all containers greater than 55 gallons is necessary. Appropriate containment can be purchased and placed for effective containment.
MECHANICAL: Float Devices & Overflow Alarms
Mechanical Gauge: Each of the tanks should be provided with a gauge indicating the level of fluid in the tanks. A matrix provided by the tank and gauge manufacturer and placed on the tank can translate the level of oil in the tank to actual gallons in the tank. Once tank storage is determined and tank capacity is known, the delivery company can determine the gallons to be delivered. Dip sticks may not be always provided and may be difficult to reach for large storage tanks, so this is an effective way to prevent spills.
Tank Level Monitors: Electronic tank level monitors track new product supply or used oil levels, and wirelessly transmit tank level information to the Managers desktop. The desktop allows for easy viewing and management of tank levels without labor costs. Data related to tank levels may be automatically emailed to oil distributors and used oil recyclers for action. Greater inventory management allows for efficient expensing and accounting as well.
Overflow Alarms: The used oil and used coolant tanks may have remote filling and as such are not visible to the technician unloading used oil through a diaphragm pump. Without an overflow alarm, tanks at remote locations can continue to overflow and create spills. Overflow alarm panels at the fill station should be equipped with a visual and audible alarm. The alarm should also shut off the compressed air to the pump and hence prevent any transfer to the tank once the tank reaches capacity. Alarms should be checked for proper operability on an annual basis.
ELECTRICAL DEVICES: A $500 VALVE/TIMER DEVICE ON YOUR NEW OIL/AUTOMATIC TRANSMISSION FLUID (ATF) TANKS
The remedial measures to avoid such disasters are straightforward, and easy and inexpensive to install compared to the potential for an expensive and troublesome spill.
A $500 Solenoid Valve with Timer Will Shut Off Air to Dispensers during Non-Shop Hours: 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 the 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.
Training Employees to Shut Down 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. However, it is prone to human error. 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 valves 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 must be tested for proper operation and serviced on a periodic basis.
Compressors on the Timer: Some dealerships have compressors with a timer to shut them down at the end of the work shift. However, there is enough air in the air-storage tank to empty the oil tank of hundreds of gallons when a leak occurs downstream in the hoses, dispenser, or the metering pump, even after the electrical supply to the compressor motor has been shut off. 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 daily. This procedure faces the same limitations discussed in item # 2 above.
NOTE: The devices and procedures discussed above may not be required by law or local regulators. However, they are good engineering practices that, when implemented, minimize the possibility of a leak or a spill from hazmat located at your facility, thereby minimizing disruption to operations. Clean up expenses & regulatory burden is also reduced.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 36 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
Background: In 1993, CalEPA created the Certified Unified Program Agency (CUPA) which is a local agency certified by CalEPA to implement and enforce six state hazardous waste and hazardous materials regulatory management programs. CUPA inspectors enforce hazardous waste, storage tank, and emergency preparedness regulations amongst others. In our observation, the enforcement level varies from county to county and even inspector to inspector, however, the level of enforcement is up significantly with many paying penalties for violations.
We discuss some recent CUPA violations issued via a Notice of Violations (NOV) in this Newsletter. Needless to say, any NOV issued must be abated within the stipulated time and the county inspector informed in writing. As part of preparation for the annual CUPA inspector visit, we have noted some common CUPA violations in this Newsletter. We will discuss this Newsletter during our visit to clients as well. Dealership management must go through the listed items below and undertake remedial steps.
I. 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 (state portal) and update annually. This reporting is similar to the federal Tier II reporting requirements but more expansive. CERS includes items as follows:
Inventory, facility maps, and the emergency contact list with cell number to respond to a hazmat emergency including after hours. Preferably the contacts must be aware of hazmat and its location on the lot. Contact living close is preferrable as well.
Maintain copy of CERS plan and ensure all managers have read the plan and know it’s location.
Train employees on emergency response plan (CERS report) and seek written acknowledgement from employees. CERS requires extensive training to the entire shop staff and management team. In Section VII and VIII below, we provide a framework of training requirements. Please contact your consultant for detailed training requirements for CERS.
Train employees on spill response and provide spill kits. Spill kits (multiple) must be located in the shop and in the bulk oil tank storage area, preferably yellow drums that are easily recognizable. Spill kits consist of absorbent snakes (help build a dike), absorbent pads and good old absorbent powder. Note that time is of the essence when combating oil spills. Label them in bold letters “Spill Kit” and if the drum is not yellow, you may take a yellow can of paint and paint the lid yellow.
If the bulk oil tanks are in shop area or in drive area where they can be impacted by shop traffic; install bollards to protect them.
II. Hazardous Material (and waste) Storage Regulations
Ensure ALL containers have lids and are labeled with their content. Ensure lids are secured on waste drums and/or fill ports on tanks are closed when not in active use.
Conduct WEEKLY inspections of hazardous waste storage areas. Keep logs for 3 years. Daily inspection maybe necessary if the facility is subject to a SPCC plan (see page 2).
Ensure drums that previously stored hazardous materials/waste are labeled “empty as of mm/dd/yyyy.” Once container is reused for hazardous waste storage, remove empty label/sign.
Brake fluid has different characteristics than used motor oil and as such should be disposed as a separate hazardous waste stream. Similarly, contaminated gasoline must be stored and disposed separately.
Ensure waste is not stored for more than 90 days. Observe the “Accumulation Start Date” on waste label to ensure the 90-day storage clock is not exceeded. Contact waste hauler to dispose of waste if 90-day window is closing. Shop managers must keep the waste hauler and their rep’s phone on their cell.
Ensure all hazardous material containers (oil quarts, coolant containers, etc.) are completely empty (drip-dry) prior to disposing in trash. Same for aerosol cans, i.e., must be completely empty.
Ensure all waste caddies are labeled for their content and disposition/disposal. – i.e., Waste Oil – “Empty Daily” or “Waste Coolant – Empty Daily.”
Ensure all waste containers 55 gallons or greater have secondary containment. Also, ensure containment are kept clean.
III. Waste Tank Structural Assessment (Title 22)
Waste tanks need a structural assessment conducted by a registered Professional Engineer (PE) every 5 years. Facilities generating less than 1000 kg/month of waste are exempt from this requirement. Keep tank report accessible.
IV. Spill Prevention Control & Countermeasure Plan
Facilities with petroleum products storage exceeding 1,320 gallons must have a current Spill Prevention Control & Countermeasure Plan (SPCC). Conduct DAILY inspections of the aboveground storage tanks. Maintain log(s) for a minimum of three years for recordkeeping. Plan must be renewed every 5 years.
V. Waste Disposal Paperwork (and Manifest)
Maintain all waste manifests for hazardous waste pick-up docs on site for 3 years. When a hazardous waste manifest (the 6 page doc) is generated, copy the manifest and mail the copy to DTSC Generator Manifests, Department of Toxic Substances Control, P.O. Box 400, Sacramento, CA 95812. Once a signed copy is received from the TSDF, match the signed copy to the original manifest copy. https://dtsc.ca.gov/hazardous-waste-manifest-information. The 6 page manifest is expressly required for waste streams such as contaminated gasoline and waste brake fluid. Used oil and used coolant are exempt from the 6 page manifest process.
VI. Universal Waste Considerations
Common Universal Waste: Includes any electronic device that is a hazardous waste, such as computers, televisions, VCRs, stereos, copiers, and fax machines. Other waste such as household type batteries, electric lamps, non-empty aerosol cans, cathode ray tubes, and mercury switches are considered universal waste.
Federal Exemptions: In 2011, US EPA created an exemption for businesses that generate a combination of hazardous waste (Resource Conservation and Recovery Act [RCRA] wastes) and universal waste in an amount of less than 100 kg/month. California has enacted regulations that require all facilities, without any exemptions, to recycle all universal waste.
VII. Key Personnel
Service Manager: The Service Manager and other managers must be on top of environmental issues that arise in CUPA inspections. It is critical to 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? Where is it kept for easy access?
Facility Inspection: Service Manager or another department manager must accompany the inspector on the annual walk-through. Notice of Violations (NOV), if any are issued, must corrected in the established time-frame.
Who is responsible for completing the tasks noted on violations? The penalties occur when the NOV goes unanswered. Some dealerships change managers often and new managers fail to address the pending violations in a timely manner. Establish a process that requires the General Manager to be copied on any violations that are handed to the dealership. GM should monitor and ensure the correction of violations. CSI must be copied on the violation as well.
VIII. Employee Training Frequency and Recordkeeping Training Must Be:
Provided initially for new employees as soon as possible following the date of hire. New employees should not work in an unsupervised position that involves hazardous materials handling and/or hazardous waste management without proper training.
Provided within six months from the date of hire for new employees at a large quantity generator.
Ongoing and provided at least annually.
Amended prior to a change in process or work assignment.
Given upon modification to the Emergency Response/Contingency Plan.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 36 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
FED-OSHA TOP 10 Citations Issued in 2022 and the Basics of Prevention
1. Fall Protection: Falls, primarily from ladders and roofs, accounted for 370 fatalities in 2021. Any time a worker is at a height of 4 feet or more (in California the requirement is 30 inches or more), the worker is at risk and needs to be protected.
2. Hazard Communication: 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. Ladders: Limit ladder use to ladder safety trained and experienced staff only. Secure ladders with a chain to prevent usage by untrained staff.
4. Respiratory Protection: Body shop employees need specific training both on written policies and on practices involving the use of respirators during auto refinishing operations. Training for respiratory protection, fit testing, user seal check, and respiratory cleaning procedures is mandatory, as is the OSHA Respirator Medical Evaluation Questionnaire. When an employee wears a respirator, information on proper usage, including limitations, must be provided even when it is not required under the regulation.
5. Scaffolding: Primarily applicable to the construction industry.
6. Lockout/Tagout: Specific procedures and practices safeguard employees from the unexpected energization or startup of machinery and equipment. A written program and annual employee training is mandatory. 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 for each piece of equipment/machinery.
7. Powered Industrial Trucks (Forklifts): The high number of fatalities associated with forklifts and high number of violations associated with powered industrial trucks 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 each operator every three years is also mandatory.
8. Fall Protection Training Requirements: Dealerships must protect employees working on 2nd floor of the parts department, especially while loading/unloading parts at the mezzanine edge.
9. Eye & Face Protection: Reinforce your Person Protective Equipment (PPE) policy and ensure all employees wear eye and face protection as necessary.
10. Machine Guarding: Moving machine parts have 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 machine operation 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.
COMPLETE OSHA TRAINING ON THE WEB AT YOUR OWN PERILOSHA has stated repeatedly and consistently in its training-related interpretation letters that online or computer-based training is acceptable as part of an overall training program that includes hands-on, site-specific information and work practices where it is needed to meet workplace safety goals. Many online courses may not be legitimate. In many instances, the training company clearly states that the training does not meet any local, state, or federal standards. The awakening happens when OSHA audits the workplace and finds the employer lacking in hands-on, site-specific information and work practices.
We discuss the hand-on element of some of the hands-on training requirements as follows:
1. Fall Protection: Employees must have hands-on training in using fall protection equipment such as harnesses. Also, the lanyards which automatically limit free fall distance are to be marked according to the actual edge. In summary, the training is hands-on and site-specific.
2. Forklift Training: Many employers are under the false assumption that the online training is sufficient for employees operating forklifts. Allowing a person who has completed only online training to operate a forklift is akin to driving an automobile after passing a written test. We all know that hands-on proficiency is to be shown before an actual driver’s license is granted. Some trainers will state in fine print that hands-on training is necessary, and some do not mention it all. An experienced trainer must provide training on the operation of the actual forklift and evaluate the employee on proficiency prior to providing an operator certification.
3. Lockout/Tagout (LOTO): A written program and employee training is mandatory along with the hands-on portion of lockout. An effective LOTO program requires that the employee must be able to show to the certifier that he possesses the tools and has procedural knowledge to effectively lockout and tagout the equipment, e.g., a faulty hoist.
4. Respiratory Protection: Each employee must be fit tested for the specific respirator to be worn by the employee. Respirator selection must be done by the employer based on the hazard to which the employee is/will be exposed. The SDS for the chemical being used must be utilized in the selection process. The employee should be given training on the respirator that must be worn during the work shift.
*Note: The penalties are automatically adjusted for inflation on an annual basis and based on the number of employees.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
Effective January 1, 2022, the hazardous waste generation and handling fee is imposed as a flat rate per ton or fraction of a ton on generators of hazardous waste for each generator site that generates five or more tons of hazardous waste at a site in California within a calendar year.
The hazardous waste generation and handling fee is calculated based on the total weight (measured in tons) of hazardous waste generated (produced or caused to be managed) from each site per year. The hazardous waste generation and handling fee is generally due regardless of the waste’s final disposition. Weight tickets should be maintained by the dealership to support the actual weight/quantity being reported. For more information, please visit the Department of Toxic Substances Control’s (DTSC) Manifest webpage, Fee Summary webpage, and Hazardous Substances (Waste) Fee Guide (ca.gov). State of California has posted guidance on this law on the https://dtsc.ca.gov/generator-fee/ (DTSC) website.
Hazardous wastes that are typically generated at an automobile dealership and subject to this fee are:
· Recycled hazardous waste
· Non-manifested universal waste
· Waste sent outside California for disposal
· Used motor oil (Except used oil collected from the public. See note below)
· Waste coolant (CA code 134),
· Oily water (CA Code 223), and
· Waste paper filters (CA code 352 or 223)
If you are punching or crushing metal oil filters, under DTSC guidelines, you can dispose of them as scrap metal (through your hazardous waste hauler) and hence not be subject to this fee. If you decide to dispose of used metal oil filters as hazardous waste, those metal filters get added to your hazardous waste tonnage calculations.
HOW THE FEE IS CALCULATED
Beginning January 1, 2022, all GH fee accounts are required to make one prepayment which is due and payable on or before November 30th each year.
Prepayment – Due on November 30th of each year.
Final Payment with Return – Due on February 28th of each year.
Your prepayment must be equal to 50 percent of the total amount due for the hazardous waste generation and handling fee for the entire prior calendar year. Keep proper records to support tonnage of hazardous waste generated and handled at each site.
Reporting Period
Prepayment Due Date
Return & Final Payment Due Date
Report Based on Hazardous Waste Generated in Prior Reporting Period
Calendar Year 2022
November 30, 2022
February 28, 2023
Calendar Year 2021
Calendar Year 2023
November 30, 2023
February 28, 2024
Calendar Year 2022
Calendar Year 2024
November 30, 2024
February 28, 2025
Calendar Year 2023
Returns
The hazardous waste GH fee return and payment are due by February 28 each year. (RTC 43152.7) The fee is calculated based on waste generated in the prior calendar year. (HSC 25205.5)
File a Return Online – You are required to file your GH fee return electronically through California Department of Tax and Fee Administration (CDTFA) online services homepage.
Every generator that produces five tons or more of hazardous waste will pay CDTFA a GH Fee for each generator site for each calendar year, or portion thereof. Hazardous Waste facilities permitted under a full or standardized permit that pay annual Generators are required to report the amount of waste generated on a hazardous waste Generation and Handling Fee return provided by CDTFA. The rates specified in table below are for Fiscal Year 2022/23 for hazardous waste generated in Calendar Year 2021:
Note 1: Commencing on July 1, 2023, the Board of Environmental Safety will reset (increase) the annual GH Fee to correspond to the annual appropriation amount for Fiscal Year 2023/24, per Health &Safety Code section 25205.5.01. Beginning with FY 2024/25, the Board shall adjust the GH Fee for changes to the Consumer Price Index (CPI).
Note 2: Please contact your waste hauler(s) for technical guidance on conversion of gallons of waste to tons. For example, 1 gallon of used oil is approximately 7.4 pounds. 10,000 gallons is 74,000 pounds. 2,000 pounds equals one ton.
74,000/2,000 = 37 tons. In summary, 10,000 gallons of used motor oil weighs approximately 37 tons! Note 3: GH Fees do not apply to used oil collected from the public by certified used oil collection centers.
Don’t know your tonnage?
Please contact your dedicated waste hauler(s) to determine total tonnage. Once determined, please register online with CDTFA and complete the fee process. Maintain support documentation of fee completion for your records. Finally, we note that this is a tax/fee matter and you must consult your tax consultant on calculations and record retention requirements.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
The COVID-19 Prevention Non-Emergency Regulations requiring employers to protect workers from hazards related to COVID-19 are effective as of February 3, 2023. These include several changes and various requirements continuing from the Emergency Temporary Standards (ETS). They will remain in effect through February 3, 2025, with the recordkeeping section of the law valid through February 3, 2026.
Important changes to the COVID-19 Prevention rules include:
Daily Symptom Screenings No Longer Required. Employees are no longer required to go through the daily ritual of informing their employer that they are COVID free. Now employees are required to inform their supervisor that they are symptomatic before entering the place of employment and to seek exclusion as appropriate.
Exclusion Pay. Employees excluded from workplace are not eligible for any pay irrespective of whether the exposure happened at workplace or not. Employees should be educated on sick pay, vacation pay, FMLA and other benefits available.
Employee Notification. Employees can now be notified by posting notices on the employee notice board (i.e., lunchroom) regarding close contact exposure. Notices must be posted within one business day of learning that a person in the workplace has COVID-19 and continue for 15 days.
Close Contact: “Close contact” is now defined by looking at the size of the workplace in which the exposure takes place. For indoor airspaces of 400,000 or fewer cubic feet, “close contact” is now defined as sharing the same indoor airspace with a COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 infectious period. For indoor airspaces of greater than 400,000 cubic feet, “close contact” is defined as being within six feet of a COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 infectious period.
Merge the COVID-19 Plan into the Illness & Injury Prevention Plan (IIPP)
The regulations allow the employers to merge the COVID-19 Plan into their IIPP. In the past few years, we have seen the guidelines being tightened during outbreaks and then being relaxed. For example, the regulations refer to the guidelines from California Department of Public Health (CDPH) which were changing during the pandemic. Since the COVID-19 Plan may undergo changes during the next two years, employers are better served to keep their COVID-19 Plan and IIPP separate.
Ventilation, Filtration, & HEPA Filters
The regulations impose additional requirements on improving air quality at the workplace through one or more of the following options: maximizing fresh uptake to the HVAC units, increasing the filtration efficiency, and providing individual HEPA filtration units.
Maximizing the fresh air uptake can be achieved through your HVAC contractor. The fresh air uptake will have an impact on your energy bills as greater amount of fresh air during the summer months will increase your cooling bill and heating bill in the winter months.
Minimum Efficiency Reporting Values, or MERV, reports a filter’s ability to capture particles. Filters with MERV-13 or higher ratings can trap smaller particles, including viruses. Upgrade to a MERV-13 rated filter, or the highest-rated filter that your HVAC system fan and filter slot can accommodate.
Individual Air Purifying units with True HEPA filters can remove up to 99.7% of the viruses.
OTHER IMPORTANT REQUIREMENTS CONTINUING FROM THE ETS
COVID Testing. Employers must make COVID-19 testing available at no cost and during employees’ paid time regardless of vaccination status, to all employees who have had close contact in the workplace with an exception for symptom-free employees who recently recovered from COVID-19 (returned cases).
Face Coverings. Employers must provide face coverings and ensure they are worn by employees when CDPH requires their use. Additionally, employees have the right to wear face coverings and request respirators from the employer when working indoors and during outbreaks. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.
Reporting. Employers must report information about employee deaths, serious injuries, and serious occupational illnesses to Cal/OSHA, consistent with existing regulations.
Exclusion. Employers must exclude COVID-19 cases from the workplace until they are no longer an infection risk and must implement policies to prevent transmission after close contact.
The new regulations ease the burden on employers as COVID-19 related illnesses and fatalities have gone down. Needless to say, the regulations may get ratcheted up should COVID related illnesses increase.
In 1896, Dr. William Osler, a founder of Johns Hopkins hospital stated in his address The Fevers of the South at the American Medical Association meeting in Atlanta, Georgia: “Humanity has but three great enemies: fever, famine and war; of these by far the greatest, by far the most terrible, is fever.” We can say that with the help of the vaccine, safety protocols, and other technologies, we have won the war with the fever. At least this time.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
CA Annual EPA ID Number Verification Questionnaire (EVQ): If you have a California EPA ID number, you need to complete an EVQ. If you do not complete it in 30 days from the date of notification and pay the fee, your EPA ID number gets deactivated and the hauler will stop picking up your waste. Please consider this as a priority. https://evq.dtsc.ca.gov/Documents/user_guide.pdf
Options:
Dealers complete the EVQ ASAP (Go to https://evq.dtsc.ca.gov). Let us know at Celly Services that you have completed this via email.
If you want Celly Services to complete the EVQ, send us the username and password for EVQ ASAP (we may have saved password from prior years in files). Send us information as follows:
The number of employees in California.
CDTFA Number (for facilities with haz waste generated over 5 tons, i.e., prox. 1500 gallons per year)
Once completed, we will send you the completed EVQ form and invoice to pay the EVQ fee to the state. Please contact your Celly Rep if you have any questions.
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, will the EPA ID number get reactivated. This whole process can take over two weeks and can be demanding.
Fees can range from $0-600 per EPA ID number, depending upon the number of employees at the dealership and the hazardous waste manifests completed for the year.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
CHANGES TO HAZARDOUS WASTE DISPOSAL FEE FOR CA DEALERSHIPS
The state of California has levied a fee for many years on hazardous wastes generated by auto dealers and others. The fee structure specifically exempted used oil generated at auto dealerships. California SB 158, effective January 1, 2022, specifically removes the exemption on used oil from the fee and adds other wastes that are now subject to the fee. The hazardous waste Generation and Handling (GH) fee is a flat rate per ton or fraction of a ton on generators of hazardous waste for each generator site that generates five or more tons of hazardous waste at a site in California within a calendar year.
Wastes subject to this fee include recycled hazardous waste, non-manifested treated wood waste, non-manifested universal waste, imported waste, and waste sent outside California for disposal. Used motor oil now gets added to the category, where previously only waste coolant (CA code 134), oily water (CA Code 223), and waste paper filters (CA code 352 or 223) were present. In the past, the first 5 tons were exempt from taxes, most claimed exemption. Not anymore. Also, if you are punching or crushing metal oil filters, under DTSC guidelines, you can dispose of it as scrap metal and hence not be subject to this fee. If you decide to dispose of used metal oil filters as hazardous waste, those metal filters get added to your hazardous waste tax calculations.
HOW THE FEE IS CALCULATED
The hazardous waste generation and handling fee is generally due regardless of the waste’s final disposition. Weight tickets should be maintained to support the actual weight/quantity being reported. Please reference DTSC fee chart below:
Generation and Handling Fee FY 2022/23
Rates
Due Dates
First Prepayment (50%)
November 30, 2022 (during reporting period)
Final Payment
February 28, 2023 (after the reporting period)
Fee Rate: $0 if less than 5 tons/year
$49.25/ton (or fraction of a ton) for aggregate waste of 5 or more tons/year
Don’t know your tonnage?
Please contact your dedicated waste hauler(s) to determine total tonnage. Once determined, please register online with CDTFA and complete the fee process. Maintain documentation of fee completion for your records. Finally, we note that this is a tax/fee matter and you must consult your tax consultant on calculations and record retention requirements.
DISCLAIMER: The contents of this newsletter are 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 in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are welcomed. Please send them to sam@cellyservices.com.
In recent years, stormwater management has become extremely important as EPA and other regulating agencies have concluded that storm (rain) water picks up enough contaminants from parking lots and other industrial facilities that it is a major source of pollution to our rivers and oceans. The problem is so severe that many industrial facilities are being directed to manage their storm water as it leaves their premises. Auto servicing facilities are not on that list, as yet. However, municipalities are required to meet pollutant discharge criteria to rivers and oceans and to meet this criteria they are directing auto facilities to minimize the contaminants to the storm sewers. Auto facilities are hence required to set up programs and training so as to minimize contaminants to the stormwater.
The enclosed document, Best Management Practices (BMP) for stormwater from Vehicle Maintenance Facilities, outlines procedures and training guidelines for management and employees that can help minimize pollutant discharge to the stormwater. Please copy and circulate the document to all your shop management and staff. We believe that with the installation of training and procedures outlined in the document, the dealership can attain compliance with the local, state and federal guidelines that require BMP for stormwater management at your facility.
We further note that if you are constructing a new facility or remodeling an existing facility, the local municipality may require you to actually manage the stormwater, i.e., treat stormwater, prior to discharge to the local storm drain. The details of such treatment procedures are best handled at the local level. If you have any questions or comments, please do not hesitate to call Celly Services, Inc. at (562) 704-4000.
SOUTH COAST AQMD ANNUAL REPORTING OF GASOLINE USAGE All dealerships with aboveground storage tanks (AST) and/or underground storage tanks (UST) must report monthly throughput data for each month of 2022 and the total to the SCAMQD by fax to (909) 396-3761. Deadline for reporting is March 1, 2023. SCAQMD Form to report data is attached. Rule 461(e)(7)(D). http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/rule-461.pdfNOTE 1: Post a copy of the permit from SCAQMD in the office area near the tank. NOTE 2: Follow all the conditions listed on the permit including annual back pressure test etc.. NOTE 3: All records shall be retained for 24 months and made available at the gasoline dispensing facility for inspection by the Air Protection Control Officer (APCO).
BAY AREA AQMD ANNUAL REPORTING OF GASOLINE USAGE All dealerships who dispense gasoline shall maintain records of the quantity of gasoline dispensed (throughput data) from the storage tanks during the last 12 month period. BAAQMD Form to store the data is attached. Rule 8-7-503. https://www.baaqmd.gov/~/media/dotgov/files/rules/reg-8-rule-7-gasoline-dispensing-facilities/documents/rg0807.pdf?la=en&rev=55e12318cc9f47c1bd38690a14c85540NOTE 1: Post a copy of the permit from BAAQMD in the office area near the tank. NOTE 2: Follow all the conditions listed on the permit including annual back pressure test etc.. NOTE 3: All records shall be retained for 24 months and made available at the gasoline dispensing facility for inspection by the Air Protection Control Officer (APCO).
Celly Services Inc. 