Changes to CA Environmental Regulations & OSHA Penalties, December 2015

CAL-EPA REGULATIONS EFFECTIVE 1/1/16

90-Day Storage Limit:  Automobile dealerships generating more than 1,000 kg of hazardous waste per month must  dispose of hazardous waste within 90 days (otherwise the facility must obtain a storage permit, an arduous process).  Almost all dealerships generate more than 1,000 kg (about 300 gallons) of used oil and used coolant per month and hence, must limit storage to 90 days.  In the past, local enforcement agencies excluded used oil from these calculations so all dealers fell below the 1,000 kg/mo. level.  The new law, SB 612, clarifies the fact that all hazardous waste generated at the facility are counted towards the 1,000 kg/mo. calculation.  For facilities generating less than 1,000 kg/mo. of hazardous waste (Federal Term: Small Quantity Generator), the maximum accumulation time is 180 days or 270 days if the waste must be transported more than 200 miles for treatment and disposal.

In summary, each hazardous waste storage container must have a proper date of accumulation marked on each container along with EPA required waste labeling and secondary containment requirements.  The waste must be disposed of within 90 days of the start date.  Almost all facilities have used oil pickup on a 30-day or more frequent cycle.  However, other smaller waste streams, such as used coolant or contaminated fuel, are not on the radar screen.  Dealers must ensure that these wastes are now on a 90-day pickup cycle through a licensed and registered hazardous waste hauler.  Contact your hauler to set up a required pickup schedule immediately.

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Foot Protection Requirements, October 2015

BACKGROUND: Safety inspections of the shop, parts, and car wash area have revealed that many employees are not wearing appropriate footwear that will protect them from foot injuries caused by crushing or falling objects, such as a rotor or a battery.  Penetrating actions may happen from a sharp object left on the shop floor. Also, footwear in the shop area must be slip resistant when employees are working on slippery surfaces, since slip hazards are common due to accidental spills of lubricants in the shop.  The porters in car wash are also subject to slip and fall hazards created by water and/or soap on the floor, and as such, their shoes must provide traction.

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California Regulations on Air Conditioning Equipment & Service Requirements, July 2015

Background: California has regulations on virtually everything, including what to look for when you are fixing the AC in a car. The AC regulations have been around since 2003 with relative low compliance. Last year, California Bureau of Automotive Repair (BAR) issued six-figure fines and ordered temporary suspensions of BAR license for failure to comply with California regulations, indicating that this is serious business. The awareness in the California dealer community on this issue is lacking so we have taken this step to inform dealers of this regulation and possible compliance steps.

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New Federal Law on Personal Protective Equipment, January 2008

Many Occupational Safety and Health Administration (OSHA) health & safety standards require employers to provide their employees with protective equipment, including personal protective equipment (PPE), when such equipment is necessary to protect employees from job-related injuries, illnesses, and fatalities. These requirements address PPE of many kinds: hard hats, gloves, goggles, safety shoes, safety glasses, goggles, face shields, chemical protective equipment, and so forth. They state that the employer is to provide such PPE. However, these provisions do not specify that the employer is to provide such PPE at no cost to the employee.   Continue reading

Southern California Fires, October 2006

The fires raging through seven counties in Southern California have burnt through thousands of acres and have resulted in widespread loss to property.  The intense smoke and ash generated by the fires have resulted in health & safety issues that must be addressed by the employers.  A brief summary of the concerns and the employer response is as follows:

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Hazardous Waste Manifest Changes, August 2006

Background:  Present US law requires that most hazardous waste be transported from hazardous waste generators (dealerships) to permitted recycling, treatment, storage, or disposal facilities (TSDF) by registered hazardous waste transporters, and that each shipment be accompanied by a hazardous waste manifest. The manifest is the document that provides information for “cradle-to-grave” tracking of the hazardous waste.

The good new is that the dealers in California and other states do not have to manifest used oil, used coolant, used oil filters or any of the Universal Wastes.  The only waste that is regularly manifested to disposal from dealerships’ is their clarifier sludge.  As of July 2000, manifests were no longer required in California for parts cleaning solvent (both water based and petroleum based) even though certain haulers continue to manifest the parts washer waste.

Every state had a different manifest and believe me; they were as different as they could be.  California had a six-page manifest with blue, white and yellow colors.  Texas, Arizona and Alabama each had them in different colors and formats.  In summary, keeping track of manifests was a state-to-state mission and confusing at best.  Now the Feds have marched in with a new manifest applicable to one and all in every state.

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Gasoline Tank Dispenser Hoses – New Requirements in California, February 2006

California regulations require that all underground Gasoline Dispenser Facilities (GDF) be equipped with Phase II vapor recovery systems that have been certified as compatible for fueling vehicles (think hoses) equipped with Onboard Refueling Vapor Recovery (ORVR) systems.  So how do you know your GDF needs upgrades?  Just give your designated operator or gasoline tank contractor a call and hopefully he/she will have an answer.   The deadline for compliance is March 1, 2006.

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Used Oil Recycling Program, November 2005

This is probably the best-kept secret: dealers can get money from the State!  First, look at your new oil (or ATF, gear oil) bill.  You will see a $0.16 fee for every gallon of oil purchased.  You can get this fee back.  All you have you do is become a Used Oil Recycling Center.  Believe me, there are hundreds of them in L.A. County, so jump on the smart money bandwagon.  Dealers, depending upon their oil use, have been getting up to four to five thousand dollars annually.  Also, as a business helping to keep the environment clean adds a big plus to your image in the community.

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Jail Time? May 2004

There are a few acts of omission or commission by the management that can get them to jail, i.e., the act is considered criminal in nature.  Consider the case where a hoist in the shop is “jumping” (mal-functioning).  The technician walks into the office of the Service Manager and informs that the hoist is not working and needs immediate repair.  The Service Manager is busy in his every day chores and burdened with mounting expenses for the month, delays the repair of the hoist to the next month.  Two weeks later, a car falls off the mal-functioning hoist and the operator employee is killed.

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