Taking The Hill
By Matthew T. Brown Class V Wells
The U.S. Environmental Protection Agency (EPA) has hosted a series of meetings nationwide to discuss the impact of new proposed regulations for Class V wells. The Automotive Service Association (ASA) was identified as a stakeholder and participated in conference calls and the Washington, D.C., meeting because the proposed regulations will ban motor vehicle waste disposal wells in source water protection areas.Class V wells are shallow wells used to place fluids below the surface. This includes septic systems used to dispose automobile-related fluids. EPA estimates that there are approximately 270 wells at automobile repair and maintenance facilities that will be affected by the new regulations.
States are required to identify their source water protection areas and submit this information to EPA. If states fail to do this, all Class V wells within a state must be closed. The proposed regulations simply require the wells to be closed and no longer used, but under existing authority given to EPA state and regional administrators, entities may be required to clean up sites.
OSHA overhaul
The U.S. House of Representatives Committee on Small Business held a hearing on legislation that would overhaul the Occupational Safety and Health Administration (OSHA). Chairman Jim Talent (R-Mo.) and the committee heard testimony on the Safety Advancement for Employees Act (SAFE), H.R. 2579.Talent introduced the SAFE Act to improve worker safety and change OSHA's "gotcha" attitude. The legislation enjoys broad bi-partisan support and passage is likely this session.
The legislation would permit employers to bring in independent auditors to conduct on-site evaluations. If hazards are found and corrected, the third-party contractor can certify the site. Then, the employer is immune for two years from any civil penalty under the Occupational Safety and Health (OSH) Act.
Currently there are only 2,500 OSHA inspectors in the United States and reports claim that 75 percent of worksites that have experienced serious accidents had not been inspected by OSHA in the last 10 years. The legislation would encourage employers to bring consultants into the workplace and correct violations. Businesses would benefit because of the exemption from civil penalties.
Health Insurance Legislation
Congressman Charles W. Norwood (R-Ga.) introduced legislation on April 23, 1997, that would place new regulations on the managed health care industry. As Congress reconvenes, there is renewed interest in the legislation.If enacted, the Health Insurance Bill of Rights Act would give new rights to enrollees in managed care programs. The legislation would require health insurance issuers to ensure that items covered under the policy are available and accessible.
The legislation would assure the availability of emergency medical care at all times, to not require authorization for it and to cover it under the policy. It would also prohibit managed care programs and medical providers from entering into agreements that restrict medical communication between the provider and the patient.
Refrigerant Rule
The U.S. Environmental Protection Agency (EPA) has issued a new rule that will allow motor vehicle salvage facilities to recover, recycle and market air conditioner refrigerant to motor vehicle repairers. The refrigerant must be recovered using certified equipment and recycled prior to reuse.The rule also provides for the mobile recovery of refrigerants. EPA was concerned that some businesses that rarely service motor vehicle air conditioners were venting the refrigerant rather than recovering and recycling it because of the necessary training and equipment. Now, recovery equipment can be transported to fill this need.
ASA is concerned that unless certain checks are in place, it will be easy to mislabel the various refrigerants used in motor vehicle air conditioners. ASA is working to have this concern addressed by EPA.
EPA Spares Some Counties
The U.S. Environmental Protection Agency (EPA) has determined that more than 200 counties will not have to conform to the new eight-hour ozone standard that replaced the less stringent one-hour standard. These counties are exempt because they experienced three or fewer ozone violations between 1994-1996 under the old one-hour standard.Under the Clean Air Act, certain areas are required to ensure that new transportation requirements do not interfere with the area's ability to meet the National Ambient Air Quality Standards.
These counties are also exempt from the transportation conformity requirements.
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AutoInc. Magazine ®, Vol. XLVI, March 1998