ENFORCEMENT OF HAZARDOUS WASTE DISPOSAL REGULATIONS: Reportedly, local inspectors (Environmental Compliance Officers) have gone into dumpsters at auto service facilities to determine the occurrence of illegal waste disposal. They have cited heavy fines for violations when hazardous waste and universal waste are found in the dumpster. Alameda and Santa Clara counties sued an auto dealership chain and recently obtained a settlement of $3.38 million. See link.
SCAQMD RULE: ANNUAL REPORTING OF GASOLINE USAGE (AST AND UST)
All dealerships with aboveground storage tanks (AST) and/or underground storage tanks (UST) must report monthly throughput data for each month of 2015 to the SCAMQD by fax to (909) 396-3761. Deadline for reporting is March 1, 2016. Click here for the form.
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.
CALIFORNIA ARB REGULATIONS IMPACTING ABOVEGROUND GASOLINE TANKS
California Air Resources Board (CARB), a division of Cal-EPA, is the regulatory body that controls emissions of pollutants into the atmosphere in the state of California. CARB rules regarding gasoline AST upgrades such as Enhanced Vapor Recovery (EVR) Standing Loss Control (SLC) can be found at: http://www.arb.ca.gov/vapor/cp-206.pdf. APCD’s that require SLC and Phase I EVR are as follows: San Joaquin Valley (SJVAPCD), Sacramento Metro (SMAQMD), Ventura County (VCAPCD), San Diego (SDAPCD), BAAQMD and SCAQMD. Check with your District for upgrades and related application that maybe necessary.
Tires – Keep on Trucking
Late last year, the California legislature made significant changes to the California Tire Fee and used tire management programs. These issues were dealt in detail in our November 2000 newsletter. As part of the law enacted in late 2000, the regulating agency, California Integrated Waste Management Board (CIWMB) has developed new forms for dealers to report used tires generated at their facility.
SCAQMD Rules Limiting Use of Cleaner Aerosols
On October 8, 1999, SCAQMD amended its Rule 1171 to limit aerosols used for cleaning purposes in the shop area to 160 oz.(about 10-11 cans) per day per facility regardless of the facility size. SCAQMD considers cleaners subject to the 160 oz. limit to be any aerosol with more than 50 g/L of volatile organic compounds (VOC’s). By definition, aerosols with less than 50 g/l of VOC are exempt from all provisions of the rule and do not trigger the 160oz. per day limit. And so are 100% acetone based cleaners as acetone is a compliant chemical not subject to VOC requirements.
VOC Reclaim Program Discontinued
In late 1995, dealerships in the South Coast Air Quality Management District (SCAQMD) with a bodyshop received a VOC RECLAIM package from the SCAQMD. The package was sent to all facilities that had VOC discharges in excess of 4 tons/year in 1990 or any subsequent year.
The VOC RECLAIM program required the dealership to reduce the amount of VOC emitted to the atmosphere in a phased manner beginning in 1997.
Hazardous Waste Management — Cost Analysis
The California Attorney General’s Office has sent several automobile dealers notices regarding deceptive advertising practices being used for hazardous waste disposal charges. The Attorney General’s office is specifically concerned with advertisements (i.e. coupons) that list a price for a service with a notation “Plus Hazardous Waste Disposal.”