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Below is a summary of the latest EPA and OSHA news and enforcement activity related to vehicle maintenance and refueling operations and other items of interest since November 2003. Feel free to forward this on to others with all links intact. Feedback welcome: comply@envirosafeshop.com 

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IN THIS ISSUE:

EPA Proposes New Rules on Shop Rags

Major Law Firm Says Asbestos Effect on Mechanics Overblown     and Unfounded

Numerous Enforcement Actions in Vehicle Maintenance Shops

WalMart Pays EPA $400,000

534 More Counties Subject to Ozone Controls

Asbestos and CFC Controls Major Cause in Space Shuttle Disasters

Retrofitting Debated as Emission Rules Implemented for Diesel Engines

Phoenix Bans Certain Trucks in City

Maine Bans Trucks from Using Left Lane To Reduce Pollution (Huh?)

Never Say "I'll deal with your fat ass" to an EPA or OSHA Employee

EPA Now Possessed with the Spirit of Enlibra

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Now, on to the news . . .

EPA Proposes Rule on Shop Rags

Summary:http://www.jjkeller.com/news/newsinfo/W_news1178.htm

?action_code=84061

Full EPA Proposal

Major Law Firm Petitions EPA on Claims of Asbestos Injuries to Auto/Truck Brake Mechanics Unfounded and Overblown.

IMPORTANT NOTE: If your organization is faced with asbestos litigation now or in future, this letter should be helpful.

The law firm Morgan, Lewis & Bockius (MLB) filed a Data Quality Act Request for Correction with EPA regarding EPA's "Guidance for Preventing Asbestos Disease Among Auto Mechanics" (the Gold Book). This EPA document provides guidance to auto mechanics on the hazards of asbestos exposure during auto repair, and on how to avoid the hazards, in particular during brake repair. MLB asks EPA to discontinue any further dissemination of the Gold Book, and to "notify the public, through EPA's website or otherwise, that the Gold Book is outdated from a scientific and regulatory perspective."

MLB argues that the Gold Book violates Data Quality Act Standards because it relies on inadequate/inappropriate data and literature; because it is outdated; and because its preparation, funding, review and approval are undocumented and cannot be verified or evaluated. Several juries have relied heavily on the Gold Book in awarding large verdicts to plaintiffs claiming injury from asbestos exposure during brake repair. MLB's Request for Correction is important because it is one of the first uses of the Data Quality Act with regard to information that has been introduced as expert evidence in litigation. EPA as not yet responded to MLB's Request for Correction. READ THE LETTER TO EPA!

St. Louis Dispatch coverage on Asbestos and Brake Mechanics

http://www.mindfully.org/Air/2003/Asbestos-EPA-Warning25oct03.htm

Asbestos in Buildings Pose Immeasurable Risks $100 million to $500 million per life saved http://www.nofluoride.com/asbestos.htm

Wal-Mart Pays $400,000 EPA Fine for Alleged Illegal Refrigerant Sales

Wal-Mart has agreed on a settlement to resolve ozone-depletion violations of the Clean Air Act by various Sam's Club stores in 11 states, according to the U.S. Department of Justice (DOJ).The retail giant agreed to pay a $400,000 civil penalty. In addition, Sam's Club stores nationwide will stop selling refrigerants that contain ozone-depleting substances. Federal regulations restrict sales of certain ozone-depleting refrigerants to technicians who are certified in the use of such substances. The Complaint alleges that some Sam's Club stores sold ozone-depleting refrigerants to customers who were not certified in the use of such refrigerants in violation of the Clean Air Act and implementing regulations. NOTE: John Peter Suarez, head of the EPA's office of enforcement and compliance assurance, resigned Jan. 30 to become a division general counsel for Sam's Club.  

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Transport Company Indicted for Multiple Offenses

David Voss, owner of Voss Transportation, Inc., and his dispatcher, Merry Robinson, both of Cuba, Missouri, were indicted by the U.S. Attorney for eastern Missouri for violations of the Clean Air Act and Clean Water Act, for failure to report a harmful discharge of oil, and for directing drivers employed by the company to operate vehicles in excess of the number of driving hours permitted by federal regulation. According to the indictment, the defendants sold conventional gasoline at two service stations that were required under state air rules to sell less-polluting reformulated gasoline. The drivers then left bills of lading at the stations, which showed the transfer of reformulated gasoline. Also in March 2001, Voss and his company are alleged to have negligently caused a discharge of diesel fuel to a tributary of the Meramec River and not notified the National Response Center about the release. Federal prosecutors also claim that between April 2000 and June 2001, Voss and Robinson instructed drivers to exceed the maximum number of permitted driving hours and not record those hours in their logbooks. During this period, one driver was killed in an accident after being dispatched over-hours. Federal investigators discovered the practice and issued a compliance order to Voss. Subsequently, Voss and Robinson devised a scheme to continue the excess-hours violation and conceal it from possible investigation, claims the federal attorney. If convicted, Voss and Robinson face up to 6 years in prison and/or $275,000 in fine. (Source: EPA)

City and County of Honolulu to Pay $82,532 for Hazardous Waste Violations at Vehicle Maintenance Facilities

City improperly stored waste at its Honolulu Corporation Yard

In January 2004, U.S. EPA reached a settlement with the City and County of Honolulu requiring the municipality to pay $82,532 for hazardous waste violations at its maintenance yard on Oahu.

In June 2001 EPA inspectors discovered violations at the municipality's Honolulu Corporation Yard where the Department of Public Works and the Department of Facility Maintenance store city vehicles, heavy equipment, and road maintenance supplies. The improperly stored
waste included old paints and spent thinners.

"Protecting the community, workers and the environment depends on the proper management of hazardous wastes," said Jeff Scott, Director of Waste Programs for the EPA Pacific Southwest Region. "Road and vehicle maintenance facilities of all types need to realize that hazardous waste management regulations are applied and enforced."

     Inspectors found that the municipality:

     -failed to transfer hazardous wastes from approximately 104 rusted
and deteriorated containers into containers in good condition;
     -failed to comply with special requirements for ignitable wastes by
storing containers of waste paints near the facility's property fence
line and adjacent to a public road;
     -stored 147 containers of waste paints on-site for longer than 90
days without a hazardous waste permit;
     -failed to inspect hazardous waste containers weekly;
     -lacked a hazardous waste training program for its employees and a
contingency plan in case of spills.

No spills or environmental cleanup was necessary in the waste storage area. The city departments were very cooperative in responding to the violations and have since corrected the problems found by the inspectors. (EPA)

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EPA Down on Seven-Up Fleet Operations for Battery Acid and Fuel Discharges

(Feb 17) The U.S. EPA is ordering the Seven-Up/RC Bottling Company of Southern California, Inc. to immediately comply with the federal Clean Water Act at two plants near Los Angeles.

Stormwater polluted by industrial materials such as fuel and battery
acid runoff from Seven-Up plants in Buena Park and another in San Fernando.

The San Fernando facility fuels and washes Seven-Up's truck fleet and stores wastes in the open air, allowing polluted stormwater from the facility to drain into the Pacoima Wash Canal and the Los Angeles River. A Clean Water Act permit is required to discharge industrial stormwater to waterways.  Under the permit, Seven-Up would have to undertake specific pollution management practices and closely monitor runoff from its operations.

    The Buena Park facility, which recently obtained stormwater permit
coverage after warnings from the EPA and state regulators, nevertheless failed to carry out the required pollution management practices. Here, polluted stormwater drains into the Melrose Channel and Fullerton Creek. In addition, the industrial effluent discharged by the plant into the sewer system proved to be excessively acidic.  To protect municipal sewerage treatment systems from corrosive structural damage, EPA regulators specifically prohibit the discharge of acidic industrial wastewater to sewers.

The EPA is ordering Seven-Up to:
     minimize and prevent the discharge of pollutants into waterways;
     perform a daily inspection of industrial activity areas;
     complete specific clean-up tasks and seek stormwater permit
                  coverage; and
     determine the causes and implement the remedies for its acidic
     wastewater.

    These are EPA's third and fourth orders within the last eight months to Seven-Up.  These orders come on the heels of a July 2003 order to the company's Vernon bottling facility and a December 2003 order to the company's Orange warehousing facility for similar Clean Water Act violations.  Failure to comply with the EPA order could make Seven-Up liable for civil penalties of up to $27,500 per day per violation. (Source: EPA)

EPA Sues NY Transit Over Subway A/Cs  

The feds turned up the heat on the Transit Authority yesterday, charging in a lawsuit that subway train air-conditioners spew pollutants.

The complaint seeks a court order forcing the TA to comply with clean-air standards and impose fines of up to a whopping $27,500 a day.

534 More Counties Subject to Ozone Controls

Across the U.S. in December, the EPA was giving governors status checks on their proposed boundaries for areas that would be subject to ozone controls. A tentative EPA list showed that 534 more counties in 32 states would not meet the requirements. The new standard, which measures ozone pollution over an eight-hour period, takes effect April 15, 2004.

Diesel On Schedule For 2006-10

Refiners have indicated they can meet demand for lower-sulfur diesel by the time federal law phases it into use during 2006-10. The U.S. Environmental Protection Agency (EPA) recently released an analysis of 126 refiners’ data. That report says current projections for 2006 indicate that 96% of the nearly 3 million barrels of highway diesel produced per day will meet the 15 parts per million sulfur standard by then. More at eTrucker.com.

AESE Comment: EPA’s report is quite misleading. Even though the refiner’s may be on target after spending tens of billions in upgrades, what about the distributors and retailers of diesel fuels? They will need more trucks and tanks to distribute two types of fuels during the 5-year phase in period. This is why regional supply disruptions and price spikes are being projected.

Space Vehicle Maintenance and Environmental/Safety Controls

Asbestos and CFC Controls are Major Causes of Shuttle Disasters Killing Fourteen Astronauts http://wnd.com/news/article.asp?ARTICLE_ID=33782  

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Groendyke Transport to Pay EPA $138,000

Enid, Oklahoma-based Groendyke Transport Inc. has agreed to pay $138,500 to settle a lawsuit by U.S. Environmental Protection Agency accusing the tanker truck firm of spilling fuel, asphalt and acid, according to the EPA. http://fleetowner.com/ar/fleet_groendyke_pay_hazmat/index.htm  

Trucking Firm Faces $134,000 Fine in Gas Spill

(Nov. 2003) U.S. EPA is seeking $134,000 in fines against Iowa Tanklines, a Henderson, Colorado trucking company for a tanker accident that spilled 8,200 gallons of unleaded gasoline into Clear Creek, near Denver, in November 2001.

State wildlife biologists estimated the gasoline spill killed 14,000 brown trout, and 3,300 rainbow trout were killed by the plume of gasoline from the overturned tanker.

The EPA's complaint, lodged in September, alleges that the spill was a violation of the federal Clean Water Act. (Source: Denver Post)

Never say “I’ll deal with your fat ass” to an EPA employee

As part of a plea agreement, a Louisiana man is required to attend an intensive anger-management class under the supervision of a psychologist because he used disrespectful language toward an EPA official.

http://www.2theadvocate.com/stories/110403/new_avoid001.shtml

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Retrofitting Debated as Emission Rules Implemented for Diesel Engines

Even as air quality has never been as good for decades and continues to improve under existing rules, diesel owners face greater costs to reduce emissions through retrofitting or buying new. It has been said many times EPA data is outdated and overestimates trucking contribution to air quality problems. States are franchised agents of EPA and will force trucking firms to reduce emissions, creating a pressure-cooker, using the “incentive” of loss of billions in highway funds. The “crisis” is further exaggerated with the new ozone standard—forcing perhaps more than 500 additional counties out of compliance. Although, engine and truck manufacturer’s promise delivery of 2007 trucks with no bugs, most fleet owners seem to be worried about down-time. For more on the 2007 fuel and engine standards, see the Fleet Owner article: http://fleetowner.com/ar/fleet_finding_alternate_power/index.htm

Just My Opinion

If you read this shocking article, your view of the prevailing environmental philosophical war and power politics may never be the same. . .

Toward Global, Pantheistic Socialism

Spirit of Enlibra Possesses EPA

The spirit of Enlibra is now the operating mantra for EPA, according to Michael Leavitt, the new EPA Administrator, in his first speech to EPA employees. Enlibra is a term created by Leavitt from the Latin meaning “moving toward balance”. The 8 Principles embrace his vision and “form the prism through which I view environmental issues”, says the new Earth guru.

Enlibra is a philosophy—the guiding principles have fuzzy, feel-good words—but have no concrete meaning. (I know you are just dying to hear more but you have to wait.) In other words, rules can now be made up as we go along. Leavitt promises to double the “progress” in half the time through a consensus process toward attaining “sustainable development” (which is unsustainable) based on the United Nations Agenda 21, which most federal agencies are implementing.  Read more . . . (for mature audiences only)

EPA and Other Government Agents

Conceal Weapons on Airliners

EPA and other federal agents, including the Department of Education, for years have carried concealed, high-powered weapons. And even now, they carry them on airliners.
http://wnd.com/news/article.asp?ARTICLE_ID=36518

Check out the FREE 40 Shop Safety Rules from AESE. You are free to copy, modify, print and post in your shop! Click here.

Private Property Rights?

California woman told by Fire Department to clear weeds from property because of the fire hazard. She complies, but later she was sent a $2500 bill from the city as a down payment for damages to the environment: endangered species and wetlands concerns.  http://www.thesandiegochannel.com/news/2615234/detail.html  

Phoenix Bans Certain Trucks

Certain trucks with diesel engines built before 1988 were officially banned January 1 from the streets of Phoenix. The ban was created by lawmakers eight years ago in an attempt to combat air pollution. Lawmakers hoped that with eight years advance notice, truck owners would find time to comply with the 1996 law (TheTrucker.com).

http://www.thetrucker.com/stories/01_04/0115_engines_banned.html

Maine Bans Trucks from Left Lane to Reduce Pollution . . . Huh???  

Apparently, regulators are down a quart in Maine.

http://fleetowner.com/ar/fleet_left_lane_means/index.htm  

See Back Issues of The EnviroMotive Express. Only back issues through November 11, 2003 will be available to non-subscribers. For full archive in future, you must subscribe.

EPA Fines Grand Fork Businesses for SPCC Violations

December 2003, four Grand Forks, ND businesses were cited by the U.S. EPA recently for failing to implement oil-spill prevention plans and, in one case, causing an oil spill. The proposed fines range from $8,192 to $35,747, based on the oil-storage capacity and the seriousness of the violations. The companies - Mutch Oil Co., Quality Rail Service Inc., Senske and Son Transfer and Vilandre Fuel & Heating - have 30 days as of Nov. 18 to pay the fines or ask for a hearing. The EPA conducted surprise inspections September 2002 on 44 facilities in eastern North Dakota. Altogether, 19 received major fines and another 12 had minor penalties. Total fines levied exceeded $400,000. (Souce: Grand Forks, ND newspaper)

Cherry Processor Fined $45,000 for 24-hour delay in reporting release. Forklift accident causes fire and explosion. Fire Department douses ammonia release with water releasing ammonium hydroxide. Company fined for not reporting release within required 24 hours. http://www.record-eagle.com/2003/oct/18chfine.htm

Untrained 15 Year-old Forklift Driver Dies  http://atlanta.bizjournals.com/atlanta/stories/2003/10/13/daily45.html

$450,000 Fine for Cargo Ship That Dumped Waste Oil Offshore

http://www.oregonlive.com/news/oregonian/index.ssf?/

base/news/106872838525540.xml  

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Comments? Email us at comply@envirosafeshop.com 

www.envirosafeshop.com   

Free AESE Catalog     

AESE's 20-page Catalog has been published at www.envirosafe

shop.com/

catalog.htm. It features environmental and safety guides, training tools and videos for vehicle maintenance operations (over 50 products).

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Safety Training Videos for Vehicle Maintenance Technicians

Over 40 safety-training videos for vehicle maintenance shops are described at our website.   

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