Issue No. 5

The Environmental & Safety Newsletter 

for Vehicle Maintenance & Refueling Operations

December 18, 2002

A Service of 

Automotive Environmental &           Safety Engineering (AESE) 

  Specializing in Environmental/EPA and Safety/OSHA Compliance, Auditing and   Training Guides for Fleet and Vehicle Maintenance Operations.

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Below are 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 September 2002. Feel free to forward this on to others with all links intact. 

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In this issue:

EPA to Implement New Air Quality Standards

EPA Finalizes Off-Road Vehicle Emission Standards

Dirty Deal for S. California Fleet Owners

EPA Report: Diesel Fumes Can Cause Cancer

OSHA Inspection Report

EPA Enforcement Actions

UST Testing Firm to Pay $2.29 Million Fine for Fraud

Feature Article: Safe Use of Hand and Power Tools

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EPA to Implement New Air Quality Standards

Five years after issuing a tough new regulation to cut ground-level ozone and fine particulate (dust) around the nation, the EPA has agreed on a way to put it in place, starting in April 2004. The industry groups, including engine manufacturers and the American Trucking Associations, lost a lawsuit against the EPA earlier this year. They contended that the health benefits of some ground-level ozone exceeded the benefits gained by a tighter ozone standard. Now many more counties will be in non-compliance, kicking in more rules and controls, including automotive emission checks. According to EPA data as of 2000, more than 340 counties were not meeting the standard, mostly in the eastern U.S., along the Gulf of Mexico and in the Southwest.

The 1997 standard limited ozone to 80 parts per billion, instead of 120 parts per billion ( a difference of 40 parts per billion), a standard issued in 1979, over eight hours, instead of one hour. Fine dust (2.5 microns or smaller—1/20 the width of human hair) is also targeted and are generated by sources such as diesel exhaust and auto emissions, tire wear, wood stoves, farming and construction.

According EPA spokesman Joe Martyak "the states and the tribes will be able to develop their strategies for reducing both pollutants at the same time,'' assuming the district court approves the settlement after public comment. Some industry-side cost estimates for the standard has been as high as $50 billion per year.  

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EPA Issues Off-road Vehicle Emissions Standards

EPA is adopting new standards to reduce pollutants and increase fuel economy for the first time from several groups of non-road engines including forklifts and other large industrial spark-ignition (SI) engines, snowmobiles, diesel marine engines, and all-terrain vehicles. When fully implemented, these standards will remove more than one million tons of hydrocarbons (HC) and nitrogen oxides (NOx) and 1.3 million tons of carbon monoxide (CO), equivalent to removing the pollution from more than 32 million cars every year, according to EPA.

Large SI engines powered by gasoline, liquid propane gas, or compressed natural gas rated at over 19 kilowatts (kW) (25 horsepower) are covered under the rule. Other Large SI Engines covered include electric generators, airport baggage transport vehicles, and a variety of farm and construction equipment. EPA estimates the additional costs at about $600 for each Large SI engine. These costs would, in many cases, be offset by savings from reduced fuel consumption and/or engine maintenance resulting from the technology improvements.

All of these standards apply only to new engines produced in future years and have no effect on existing engines. EPA is adopting standards set by California in 1998 to be effective nationwide in 2004, with stricter requirements effective after 2007. Contact: Cathy Milbourn 202-564-9828 or milbourn.cathy@epa.gov  or go to www.epa.gov/otaq/cleanrec.htm

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A recent EPA report which has concluded long-term exposure to diesel exhaust can cause cancer could significantly impact future regulations on diesel engines. The report also concluded that short term exposures to diesel exhaust can cause irritation and inflammatory symptoms and aggravation of allergies and asthma. Engine manufacturers, however, argue the report draws too heavily on exhaust from engines of the 1950’s, ‘60s and ‘70s rather than on current engines being manufactured. EPA defends its findings saying that the older engines are still in use.

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Dirty Deal for S. California Fleet Owners

Bicycles or Rickshaws Anyone?

Against the wishes of the Engine Manufacturers Association (EMA), a federal appeals court in October upheld a set of new rules of the South Coast Air Quality Management District. The "fleet rules" force private and government fleet owners to only purchase certain types of engines and vehicles approved by the District, even though other available engines or vehicles meet all applicable U.S. EPA and California Air Resources Board emissions standards

Jed Mandel, EMA General Counsel said "The clean diesel technology banned by the fleet rules can be as clean or cleaner than those limited number of options that are allowed. The technology banned by the fleet rules is the very technology that the Chairman of the California Air Resources Board said is poised to be part of the future solution to air quality problems in California in a recent Wall Street Journal article. The real issue is whether a local air district or government can arbitrarily select a preferred vehicle technology and force the public to only purchase those locally-approved vehicles, even though the U.S. EPA and California Air Resources Board have certified that other vehicles meet all stringent air pollution control requirements . . . Clearly, allowing each locality across the country to establish its own separate emissions and purchasing requirements would create a chaotic and inefficient patchwork of multiple standards that would force the nation's engine and vehicles manufacturers into an impossible situation. Manufacturers simply cannot cost-effectively create an infinite variety of engines to meet the whim of every locality across the country. This is exactly what Congress intended the Clean Air Act to prevent, and the fleet rules are directly contrary to the intent of Congress to establish uniform mobile source standards to help clean the air."  

The Engine Manufacturers Association (EMA) said it is evaluating options for further legal challenges in response to the decision by the Court of Appeals.

Natural Gas School Bus Emissions Exceed Low-Emitting Diesel Buses

Says SwRI in SAE Paper

Exhaust emissions from natural gas school buses contain higher levels of air pollutants and toxic air contaminants than those in school buses powered by advanced-technology, low-emitting diesel engines. This was the conclusion of research conducted by Southwest Research Institute (SwRI) and presented in a paper at a November meeting of SAE.

Of the 41 toxic air contaminants (TACs) listed as present in diesel exhaust by the California ARB, SwRI did not find 21 of them in the exhaust of any of three tested power system configurations - conventional diesel, low-emitting diesel or natural gas. SwRI found that the natural gas bus exhaust had higher levels of six of California's listed TACs than the exhaust from the low-emitting diesel bus.

"The SwRI findings provide a serious challenge to assertions that natural gas buses are inherently cleaner than diesel," said Dr. William Bunn, chief medical officer and vice president of International Truck and Engine Corp.

"Low-emitting diesel technology has the lowest emissions of most criteria pollutants and toxic air contaminants - both in California and nationally, under EPA's listing. Diesel is clearly part of the clean-air future in transportation, and we are glad to have this research available to decision makers and customers who rely on diesel power for performance as well as environmental compliance," Dr. Bunn said.

OSHA Exceeds Inspection Targets For 2002

OSHA made good on its promise to deliver strong, fair and effective enforcement this past year by exceeding its inspection goals and increasing both the number of serious violations and the penalties assessed for them, U.S. Secretary of Labor Elaine L. Chao announced in December.

OSHA says: "During fiscal year 2002, which ended on Sept. 30, 2002, the agency inspected 37,493 workplaces in the United States. That is 1,093 inspections more than the fiscal year target of 36,400 inspections. In addition, the average penalty for serious violations rose from $930 in FY-2001 to $977 in FY-2002, indicating that the violations OSHA found were more serious, with higher penalties attached. Serious violations of workplace safety and health laws accounted for 70 percent of all OSHA violations found. This figure, the highest ever, shows that the agency is directing its resources to the establishments most in need of enforcement action."

The top five most frequently cited OSHA standards are also in the most hazardous industries and areas with the most potential for serious illness, injury or death: scaffolding, hazard communications, fall protection, respiratory protection, and lockout/tagout. (Source: OSHA, December 5)

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EPA Enforcement Actions

Below are some of the EPA enforcement actions relevant to vehicle maintenance and refueling operations (or otherwise of interest) since September 2002. (Main source: U.S. EPA)

Nation’s Largest Underground Storage Tank Testing Firm Sentenced to Pay $2.29 Million

Tanknology-NDE, International, Inc. was sentenced in October in federal district court in Austin, Texas to pay a $1 million criminal fine and restitution of $1.29 million to the United States for false underground storage tank (UST) testing services performed by its employees, according to EPA. Tanknology, the largest UST testing company in the U.S., pled guilty in August 29 to 10 felony counts of making false reports. Tanknology admitted that from January 1997 until December 1999, company employees had performed false tests at federal installations across the country, including U.S. Postal facilities, military bases and a NASA facility. Underground storage tanks contain petroleum products, including gasoline, and all UST owners and operators are required by law to have their tanks tested to ensure that their systems are not leaking any petroleum into the soil or groundwater. Leaking USTs can present other health and environmental risks, including the potential for fire and explosion.

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EPA Issues Complaint for UST Violations Seeks $82,000 in Fines

In October, U.S. EPA issued a civil complaint requesting an $82,000 penalty assessment and an order to comply with federal underground storage tank (USTs) regulations to Virgin Petroleum, Inc. and six affiliated companies in St. Croix, U.S. Virgin Islands.  Virgin Petroleum and its president violated regulations that require owners and operators of USTs to have systems to detect leaks, properly close tanks when not in use, respond to EPA’s requests for information, and have sufficient insurance to provide for a clean up in the event of a leak.

USTs have historically been the nation’s number-one source of ground water contamination, with over 30,000 leaks and spills from tanks reported annually.  Information about EPA’s UST program can be found at: http://www.epa.gov/oust/

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EPA Seeks $324,000 from New York Presbyterian Hospital

EPA filed a complaint in October against New York Presbyterian Hospital for failing to provide physicians living in hospital housing with information about possible lead hazards in 29 apartments. EPA is charging New York Presbyterian with violating federal lead disclosure regulations for not providing lead informational brochures to doctors and their families when they moved in. EPA is seeking a $324,060 penalty in the case. The federal law requires all landlords to provide tenants with this information.

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Three Universities Facing EPA Fines of $1.1 Million

Columbia University, Long Island University and New Jersey City University face a total of $1.1 million in penalties for alleged violations of hazardous waste regulations.  A long list of violations were cited, including improper storage, failure to identify whether solid wastes generated were hazardous, lack of permits, and failure to have a emergency contingency plan. Each university is ordered to take steps, if they have not already done so, to comply with applicable federal and state requirements and to submit a written notice of such compliance.  If not in compliance, the university must state the reasons for the noncompliance and provide a schedule for achieving prompt compliance.  (Source: EPA, November 7, 2002)

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Feature Article:  

Safe Use of Power and Hand Tools

Portable power and hand tools have been a source of injuries to many shop employees. Many of these tools are taken for granted because of their small size and simplicity. Hand- and power-tool accidents are usually the result of four direct causes:

1. Using the wrong tool for the job at hand—for example, improvising or taking short cuts, using a wrench for a hammer, screwdrivers for chisels, file for a pry bar, etc.

 

2. Using a defective tool—Watch for cracked handles on hammers and screwdrivers, mushrooming of chisel and punch heads, cracked grinding wheels, etc. Simply do not use a defective or damaged tool.

 

3. Using the tool in the wrong way—such as removing a ground prong from the plug of a power tool, using a screwdriver as a pry bar, applying pressure the wrong way on a wrench, or using a portable jack to lift an object beyond its rated capacity.

 

4. Storing or carrying tools in an unsafe way—Sharp tools, like open knives/box cutters, drill bits, screw drivers, saw blades when carried in pockets can cause injuries or when stored improperly.

 

Use of Power Tools

Electric Drills: All drills must be either double-insulated or grounded. Electric shock is a very real hazard with electric drills. Also, the drill bit can be pushed into a part of the body. A dull drill bit can also stick and twist a hand or wrist. Clamp material down so it cannot rotate and strike anyone. Never place hands behind the material being drilled. Protect the underlying material when the drill protrudes. Disconnect the plug before changing drill bits.

 

Electric Saws: Although they are usually well-guarded by the manufacturer, injuries from the use of electric saws can still occur. The guard must be checked occasionally to ensure it is adequately covering the open blade. Grounding prongs must not be removed from the electrical cord. Keep the power cord out of the way of the stroke so it isn’t severed by the blade. Do not hurry the blade; let it do the work. If the saw gets stuck and stops, back it out some to prevent kickback. Unplug the saw when changing the blade.

 

Handheld Power Grinders: Guards must be used on all hand grinders with stones or discs over 2 inches in diameter. Automatic shutoffs are also required. Avoid throwing sparks toward other employees. Watch out for cracked or damaged stones or discs.

Chisels: Flat and cape steel chisels should be ground so the faces form a 60o angle. The recommended way of holding the chisel is with the palm up and held lightly by the fingertips. Eye protection must be worn.

 

Files: A file must never be used as a hammer or pry bar. The correct way to grasp a file is to grasp the handle firmly in one hand and use the thumb and forefinger of the other hand to guide the point. If a handle is cracked, or if the file binds up on the work, the tang could puncture the palm of the hand.

 

Tin Snips: Snips should be strong enough to cut material easily so the employee needs only one hand to hold the snips and the other hand to hold the material. Jaws of snips should be tight and well-lubricated. Always wear gloves.

 

Saws: These tools should be carefully selected for the work they are to do. For fast crosscut work on green wood, a coarse saw (4 to 5 points per inch) should be used. A fine saw is better for smooth, accurate cutting in dry wood. Keep saws in racks when not in use.

 

Hack Saws: Pressure should be applied on the forward stroke, not on the back stroke. If a blade is twisted, or too much pressure is applied, the blade may break and cause injury to the employee. Hack saws should be adjusted in the frame to prevent buckling and breaking. They should not be so tight as to break off pins that support the blade. Install blades with the teeth facing forward.

 

Hammers: Handles should be free of splinters. The head must be solidly attached to the handle. Do not use a steel hammer on hardened steel surfaces. Instead, a soft-head hammer, or one with a plastic, wood or rawhide head, should be used. When a nail has to be drawn from wood with a claw hammer, a block of wood may be used under the hammer head to increase the leverage.

 

Screwdrivers: Never hold the part being worked on in the hand. If the screwdriver slips, it could puncture the hand. A screwdriver tip should fit the screw. A sharp square-edged bit will not slip as easily as a dull, rounded one and requires less pressure to turn it.

 

Pliers: Side-cutting pliers sometimes cause injuries when short ends of wire are cut. Handles of electrician’s pliers must be insulated. Don’t use pliers as a wrench.

 

Wrenches: Open-end or box wrenches should be inspected to ensure they fit the nut properly. Never apply pressure to the small end of the wrench. Never use a pipe over a single-head wrench. This has led to many injuries when the pipe slips off.

 

Knives: Obviously, the most present danger in using any type of knife is the cutting potential. The cutting stroke should be away from the body. Protect the surface material if the knife protrudes through the work. If carrying a knife, it must be closed or sheathed. Never leave an open knife laying on tables, benches or in tool boxes.

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