Pub. 6 2017-2018 Issue 1

Summer 2017 27 CA ABOVE GROUND TANKS STRUCTURAL ASSESSMENT (by Professional Engineer) California facilities that operate any non-RCRA hazardous waste storage tanks and qualify as a large quantity generator at any time (270 gallons threshold of liquid waste disposed of in a calendar month), are required to obtain a PE assessment of waste tanks. The PE assessment requirements vary slightly, depending on when the tank system was installed (or modified). There is also an exemption (which is rarely granted) that may be obtained from the local fire marshal and CUPA. We had discussed this topic in the December 2015 newsletter as well, so many have already undertaken necessary steps to achieve compliance. Many have opted to wait for a county (or CUPA) inspector to knock on the door, and then they will set the assessment process in motion. During the past year, we have seen an increase in enforcement activity against facilities that do not have engineering assessments for their hazardous waste tank systems. Some inspectors give the facility 30 days to comply. Some regulating agencies, especially the LA County Fire Department, have issued notices of “Potential Filing of an Administrative Order” (AEO). The AEO carries fines and many settle with LA County rather than pursue a legal fight. For many, this has been a wake-up call. The legal requirement for the PE assessment or exemption has existed for a long period of time and some have asked, “Why is this being addressed now?” One reason for LA County is that the state of California has been strengthening their enforcement mechanisms in a stringent manner. Another reason is that with the advent of the CERS system, as well as higher scrutiny at multiple levels, CUPA wishes to ensure everyone is in full compliance with the laws/regulations. In summary, a structural assessment of hazardous waste storage tanks must be completed every 5 years through a licensed professional engineer to avoid penalization. The approximate cost is $1,500-2,000 for two tanks. Ref.: Senate Bill 612 (Jackson, D-Santa Barbara) & California Health and Safety Code CA PROPOSITION 65 CHANGES EFFECTIVE AUGUST 2018 The California Office of Environmental Health Hazard Assessment (OEHHA) made revisions to the Prop 65 regulations. The new reg- ulations require that the revised warning language be provided in the Owner’s Manual (located inside the glove box of the automobile) and the Prop 65 Vehicle Warning Sticker that is applied to the driver side window of all vehicles for sale in California. The revised language in the new regulations is provided below. The size, font, and layout proportions must be followed. See https://www. p65warnings.ca.gov/products/passenger-vehicle. While the vehicle manufacturer will likely address the Owner’s Manual requirements, traditionally, the dealers install the Prop 65 sticker in their own PDI procedures. The old warning must be phased out and replaced with the new warning for all vehicles manufactured on or after August 30, 2018, so there is no need to work on existing inventory. We have been in contact with CNCDA regulatory staff and they have informed us that they are working with vendors to ensure that new stickers are available to dealers in a timely manner.