Pub. 18 2019-2020 Issue 3

N E W J E R S E Y C O A L I T I O N O F A U T O M O T I V E R E T A I L E R S I S S U E N O . 1 , 2 0 2 0 16 new jersey auto retailer 3. The manufacturer must provide documentation that the used oil space heater(s) has been tested by a nationally rec- ognized laboratory. 4. The combustion process must be adjusted before use and annually thereafter. 5. A dealership cannot take oil from another commercial entity ( e.g., another dealership ). For a detailed list of ALL requirements, please visit the follow- ing website: http://www.nj.gov/dep/aqpp/downloads/forms/UsedOilAt- tachment.pdf. Annual NJDEP Community Right-to-Know ( CRTK ) Reporting Requirements The NJDEP requires dealerships to prepare and submit a Com- munity Right to Know ( CRTK ) Survey listing the environmental hazardous materials present at their facilities to the NJDEP and local emergency agencies by March 1 of each year . Penalties from the NJDEP can be as much as $2,500/day for noncompli- ance with the NJDEP’s CRTK regulation. If the facility’s chemical storage is above reporting thresholds ( 500 pounds for most chemicals that are subject to CRTK reporting typically found at a dealership, or 10,000 pounds for diesel fuel or #2 heating oil, gasoline, kerosene, petroleum oil, or waste oil ) they are required to submit a CRTK Survey. Almost all dealerships with attached service facilities need to file an annual CRTK survey, because ( for example ) in most cases approximately 55 gallons of new and/or used antifreeze, or 25-30 new and/or used batteries stored on-site will put the facility over the chemical thresholds of 500 pounds for ethylene glycol and lead, respectively. Revised Osha Injury Reporting Requirements As a reminder, the list of industries that are exempt from the requirement to routinely keep OSHA injury and illness records was revised during 2015 and automobile dealerships are no longer exempt from this rule. As of January 1, 2015, automobile dealerships must prepare and maintain records of serious occu- pational injuries and illnesses, using the OSHA 300 Form ( Log of Work-Related Injuries and Illnesses ) and OSHA 301 Form ( Injury and Illness Incident Report ). All work-related injuries and illnesses that result in days away from work, restricted work or transfer to another job, loss of consciousness or medical treatment beyond first aid must be tracked using these logs as they occur through- out the year. At the end of the calendar year, OSHA Form 300A ( Summary of Work-Related Injuries and Illnesses ) must be completed and posted in the dealership by February 1 and kept posted for three months. The OSHA forms can be found at: https://www.osha.gov/recordkeeping/RKforms.html. 2016 Revised Osha Hazard Communication Requirements The Occupational Safety and Health Administration ( OSHA ) revised their chemical Hazard Communication requirements for dealerships in 2016. Three major changes at dealerships were required: • Chemical containers must include the new Global Harmo- nization System ( GHS )-compliant labels ( signal word, picto- gram, hazard statement, and precautionary statement ). Examples for a dealership would be chemical containers coming into the facility ( e.g., gallon container of windshield washer fluid ) or changing the labels on existing aboveground bulk storage tanks ( e.g., antifreeze, waste antifreeze, waste oil, windshield washer and motor oil ). • Dealerships must replace existing material safety data sheets ( MSDSs ) with the new mandatory 16-section safety data sheets ( SDSs ). • Dealers must update Hazard Communication programs, as necessary, and provide additional employee training in the new requirements. This was originally required by De- cember 1, 2013, and selected dealerships may have already received this training. USEPA SPCC Regulations U.S. Environmental Protection Agency ( USEPA ) Spill Pre- vention, Control and Countermeasure ( SPCC ) regulations are enforced by the USEPA under Part 112 of Title 40 of the Code of Federal Regulations ( 40 CFR 112 ). This includes preparation of an SPCC Plan. These regulations define applicable facilities as: 1. Having an above-ground oil storage aggregate capacity of over 1,320 gallons; and, 2. Could reasonably be expected to discharge oil into or upon “navigable waters.” This definition has been loosely defined. If a leak from a 55-gal- lon drum or aboveground storage tank containing oil in your building could discharge oil outside the building, you are subject to the SPCC regulations. This determination is regardless of sec- ondary containment ( e.g., double-walled tank or containment wall ). Insurance companies recently have been increasingly requiring automobile dealerships to comply with this regulation. Previ- ously, most dealerships ignored this regulation until a discharge of oil occurred. Scott Hubbard is the Compliance Manager at Environmental Compliance Monitoring, Inc. (ECM). He can be reached at 908.8974.0990 or via email at seh-ecm@att.net . ENVIRONMENTAL  continued from page 15