Regulatory Pressure at Kansas Dealers

Regulatory Pressure at Kansas Dealers

Craig Downey

July 17, 2012

Moderator

2

Becky Ross

Marketing Manager

Bross@kpaonline.com

303.228.8753

Presenter

3

Craig DowneyKPA Senior Account Executive

Environmental Engineer

14 years of dealer experience

craig@kpaonline.com

832-515-3407

If you have questions during the presentation, please submit them using the “Questions” feature

QUESTIONSQuestions

Who is KPA?

KPA works for 4000+ Dealers throughout USAOver 50 in Kansas

Katie McWilliamsKPA Safety & Environmental Specialist

Exposure!

Kansas Department of Health & Environment (KDHE)

• Increased Dealer pressure for 2+ years• Over ½ of KPA clients have been visited• Other Dealer citations over $50,000• KDHE expects you to know the rules.

Kansas Department of Health & Environment (KDHE)

Kansas Department of Health & Environment (KDHE)

The Inspector You?

Kansas Department of Health & Environment (KDHE)

“Everything is on our website…”

Kansas Department of Health & Environment (KDHE)

• Paperwork!

Kansas Department of Health & Environment (KDHE)

• Paperwork!

Kansas Department of Health & Environment (KDHE)

Know (and Understand) your EPA Hazardous Waste Generator Status

Conditionally Exempt Small Quantity Generator• Generates less than 220 lbs/month (~ 1/2 drum) hazardous waste• This is where you want to be.

Small Quantity Generator • Generates 220 lb -2200 lb/month (1/2 drum - 5 drums)

hazardous waste• Not the best place for a dealership to be.

Large Quantity Generator• Generates greater than 2200 lb/month (5 drums) hazardous

waste• The EPA is probably knocking on your front door right now

(quick – hide under your desk!)

Kansas Department of Health & Environment (KDHE)

• What is a Hazardous Waste• Listed• Corrosive (pH <2 or >12.5)• Ignitable (flashpoint <140 degrees F)• TCLP (valid until process changes)

A list of KDHE-certified laboratories can be

found at:

www.kdheks.gov/envlab/disclaimer.html

Kansas Department of Health & Environment (KDHE)

Top Ten Things I Learned from an EPA Inspection

Hazardous Waste ManifestsFill them out completely and accurately.Ensure you match up the original and final copies.If you don’t get the final copy back within 30 days contact the facility.You must contact the state agency if you still do not have it after 45 days.Use pounds instead of gallons to measure the amounts of waste shipped.

Kansas Department of Health & Environment (KDHE)

Kansas Department of Health & Environment (KDHE)

Kansas Department of Health & Environment (KDHE)

Waste Determination Documentation Form

Kansas Department of Health & Environment (KDHE)

Used Oil• Tanks larger than 660 gallons must be registered

with State of KS.• Non-Hazardous.• Labeled tanks.• Labeled roll-arounds.• Housekeeping.

Kansas Department of Health & Environment (KDHE)

Used Oil Filters• Kansas says they can be hot-drained for 12-

hours then thrown to trash. • Why not recycle them?• Most used oil haulers will take them for free.• Non-Hazardous waste.

Kansas Department of Health & Environment (KDHE)

Used Antifreeze• Could be hazardous.• If disposed of down drain, then TCLP required &

must get written authorization from sewage treatment facility.

• If recycled, then no TCLP.• Label drums “Used Antifreeze”.• Document pickup.

Kansas Department of Health & Environment (KDHE)

Used Parts Cleaning Solvent

• Have hauled away as product otherwise it is usually hazardous waste.

• Document pickup.

Kansas Department of Health & Environment (KDHE)

Solvent Contaminated Rags

• No rags in trash

• KDHE will do sniff test on rags in trash!• Store in sealed metal containers.• Label “Solvent Contaminated Rags”• Have vendor launder them.

Kansas Department of Health & Environment (KDHE)

Spent Fluorescent Lamps

• Store in box• Label Universal Waste Lamps.• Accumulation start date on box.• Store for less than 1-year.• Have universal waste hauler take away.• Document removal.• Only low mercury lamps in trash.

Kansas Department of Health & Environment (KDHE)

Waste Aerosol Cans

• RCRA Empty when.• Only residue remains.• No pressure in can.

• Throw in trash.

• KDHE will check your trash!

Kansas Department of Health & Environment (KDHE)

Waste Battery Cores

• Store in containment.• No acid leaks.• Documentation on core pickup.• Universal Waste.

Kansas Department of Health & Environment (KDHE)

Used Tires

• Store in organized fashion.• Recycle with used tire recycler.• Document pickup.

Kansas Department of Health & Environment (KDHE)

Grit Trap/Sump Waste• Could be hazardous waste.• Do TCLP test (valid until your process

changes).• Document pickup.

Kansas Department of Health & Environment (KDHE)

Waste Paint Related Material

• Funnel closed when not in use.• Ground strap in place.• Hazardous waste label.• Accumulation start date.• Hazardous waste manifest.• Thinner recycling units

• Do not throw to trash!!!!

Federal EPA Compliance Issues

• AC Certification ($75,000 - $250,000 Citations)• Photo copies of AC Certifications.• Register machines with EPA.

• Via registered mail. • EPA can ask for ex-employee’s AC

Certification Card!

Federal EPA Compliance Issues

• Spill Prevention Control & Countermeasure (SPCC) Plans• Part of Clean Water Act.• Over 1320 Gallons of above ground petroleum

storage triggers requirement.• Cumulative total

• New Oil Tanks, Used Oil Tanks, ATF Tanks, Gasoline Tanks, Diesel Tanks, Thinner Drums, Bake Cleaner Drums, etc.)

• “Navigable Waters”.• Professional Engineer (PE) certification.

OSHA Compliance & Management

OSHA Compliance & Management

The Inspector You?

OSHA Compliance & Management

• Paperwork!

Vs.

OSHA Compliance & Management

• Written Program

• Chemical Inventory

• Product Labeling

• MSDS’s• 5-Minute Rule.

• Major changes coming!

OSHA Compliance & Management

Goodbye MSDS. Hello SDS.

OSHA Compliance & Management

• Existing Employee Training• Communicate Hazards to Employees. • Location Specific.• Required Annually.• All Chemical Handling Employees.• Documentation.

• New Employees• Before employee begins work!• New employee orientation.

OSHA Compliance & Management

Emergency Response

Written Program• Fire Response.

• Evacuation Procedures.

• Spill Response.

• Tornado Response.

• Hurricane Response .

Employee Training• Annual Requirement.

OSHA Compliance & Management

OSHA Compliance & Management

Safety Committee • Conduct Quarterly Meetings with Managers. • Review Accidents.

• Why did they happen?• How can they be prevented from happening again?• Where will our next accident happen?• Why?

• Conduct Shop Inspections.• Have managers inspect other departments.• Take Pictures of Shop issues.

• Assign people to fix issues. • Prepare Minutes.• Safety Training each quarter.

OSHA Compliance & Management

• Back Injury Prevention

• Hazardous Waste Management

• Electrical Safety

• Basic First Aid Awareness

• General Shop Safety

• Eye Protection

• Forklift Safety

OSHA Compliance & Management

• Hand Injury Prevention

• Hearing Conservation

• Personal Protective Equipment

• Hoist Safety Power Tool Safety

• Safe Driving

• Housekeeping

• Slips, Trips, & Falls

OSHA Compliance & Management

OSHA Compliance & Management

• Safety Programs save big $ on Insurance!

No Safety Program

Good Safety Program

Manual Rate Premium

$100,000 $100,000

Scheduled Rating

+10% $10,000 -10% $10,000

Experience Mod Factor

1.20 +$20,000 .80 -$20,000

Adjustments +$30,000 -$30,000

Premium $130,000 $70,000

OSHA Compliance & Management

6H Compliance• Registration & Training.

Written Program• Customized for Organization.

Medical Evaluation• Conducted by PLCHP.

Employee Training• Required Annually.

Respirator Fit Testing• Required Annually.

OSHA Compliance & Management

Spray-In Bed Liners• Death 2-3 years ago.• Many OSHA inspections at Dealerships.• Ventilation.• Supplied Air Respirator.• Training (annually).

OSHA Compliance & Management

Say Goodbye to OSHA 300-Log Exemption

OSHA Compliance & Management

• First Aid Kits• Minimum items.

OSHA Compliance & Management

KPA Suggests: Ensure that all first aid kits are stocked with the following minimum required items: • 1 Absorbent Compress 32 sq. in.• 16 Adhesive Bandages (1 x 3 in.)• Adhesive Tape, 3/8 in x 2.5 yd.• 6 Antibiotic Treatment applications 0.14 fl oz (0.5 g)• 10 Antiseptic applications 0.14 fl oz (0.5 g)• 6 Burn Treatment applications 1/32 oz(0.9 g)• 1 First Aid Guide• 2 pairs of Medical Exam Gloves• 4 Sterile pads (3 x 3 in.)• 1 Triangular Bandage (40 x 40 x 56 in.)

DOT Hazmat Certification Compliance

DOT Hazmat Certification Compliance

• Most dealers don’t ship hazardous materials until they ship them…

• Back-tracking shipments.• Large citations ($50,000 Average!).

DOT Hazmat Certification

DOT Hazmat Certification Compliance

Penalty Policy: “When the violation is a continuing one, each day of the violation constitutes a separate offense” DO NOT SHIP HAZMATS VIA AIR

DOT Hazmat Certification

• Online training.• Certification required every 3-years.• New employees within 45-days of

employment.• 24-hour phone number on shipping papers.• Post certifications.

How To Handle An Inspection.

• Don’t panic.• Request opening conference. • If you pay someone to help you with this, call

them. • Find out what the inspector wants to see. • Show it to them. • If you can fix it on the spot, do so. • Ask for closing conference. • Discuss violations and timing.

Got a Question? Ask our Expert!

Craig Downey832-515-3407

craig@kpaonline.com