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6 NYCRR Part 232 Express Terms

Existing 6 NYCRR Part 232, Perchloroethylene Dry Cleaning Facilities is repealed. A new Part 232, Dry Cleaning Facilities is added as follows:

6 NYCRR Subpart 232-1, General Provisions

§ 232-1.1 Applicability.

This Part applies to all new and existing dry cleaning facilities that use perchloroethylene (perc) and/or alternative solvent dry cleaning equipment not listed as an exempt activity under Part 201 of this Title. Water-based cleaning processes and those using only liquid carbon dioxide are exempt. In addition to the General Provisions of this Subpart, Subpart 232-2 specifically applies to perc dry cleaning equipment whereas Subpart 232-3 specifically applies to alternative solvent dry cleaning equipment. Spot removers are regulated under Part 235 of this Title.

§ 232-1.2 Definitions.

(a) For the purpose of this Part, the general definitions of Part 200 apply.

(b) For the purpose of this Part, the following definitions shall also apply:

(1) 'Adsorptive cartridge filter.' A replaceable cartridge filter that contains diatomaceous earth or activated clay as the filter medium for liquids.

(2) 'Alternative Solvent.' Any solvent, other than perc, used as the primary solvent in a dry cleaning machine.

(3) 'Approved alternative solvent.' An alternative solvent that has been approved by the department for use, in New York State, as the primary solvent in a dry cleaning machine.

(4) 'Ancillary equipment.' Equipment used in conjunction with dry cleaning machinery that includes, but is not limited to, emission control devices, pumps, filters, muck cookers, stills, solvent tanks, solvent containers, water separators, exhaust dampers, diverter valves, interconnecting piping, hoses and ducts.

(5) 'Articles.' Clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.

(6) 'Carbon adsorber.' An air cleaning device that consists of an inlet for exhaust gases from a dry cleaning machine; activated carbon in the form of a fixed bed, cartridge, or canister, as an adsorbent; an outlet for exhaust gases; and a system to regenerate, or reclaim saturated adsorbent.

(7) 'Cartridge filter.' A replaceable cartridge filter for liquid that contains one of the following as the filter medium: paper, activated carbon, or paper and activated carbon. A cartridge filter contains no diatomaceous earth or activated clay. Cartridge filters include, but are not limited to, the following: standard filters, split filters, "jumbo" filters, and all carbon polishing filters.

(8) 'Certified dry cleaning machine.' A fourth generation perc dry cleaning machine that belongs to an equipment model tested by the department's independent contractor and is found to comply, in all respects, with the testing requirements and design and performance standards of Subpart 232-2.

(9) 'Closed-loop machine.' Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single machine (also known as a dry-to-dry machine) and which recirculates solvent-laden vapor through a primary control system with no exhaust to the atmosphere during the drying cycle.

(10) 'Co-located commercial facility.' A dry cleaning facility that is located in a building with another commercial business but no residences.

(11) 'Co-located residential facility.' A dry cleaning facility that is located in a building with a residence, and which may also contain another commercial business.

(12) 'Colorimetric detector tube.' A glass tube (sealed prior to use) containing material impregnated with a chemical that is sensitive to specific gases or vapors and is designed to measure the concentration of that gas or vapor.

(13) 'Condenser.' An air cleaning device that removes condensable vapors by a reduction in the

temperature of the exhaust gases or, in the case of a surface condenser, by contact of the exhaust gases with structures that are cooled by a circulating cooling fluid.

(14) 'Converted machine.' A vented dry-to-dry second generation perc machine that was converted to a third generation perc machine or a third generation perc machine that was converted to a fourth generation perc machine with both primary and secondary emission controls.

(15) 'Cool-down.' The portion of the drying cycle that begins when the heating mechanism deactivates and the refrigerated condenser continues to operate and reduce the temperature of the air recirculating through the drum to reduce the concentration of solvent in the drum.

(16) 'Desorption.' The regeneration or stripping of an activated carbon bed, through the removal of the adsorbed solvent using hot air, steam, or other means.

(17) 'Dip tank.' A separate tank that contains solvent and is used for purposes other than dry cleaning (e.g., waterproofing).

(18) 'Diverter valve.' A flow control device that prevents room air from passing through a refrigerated condenser when the door of a dry cleaning machine is open.

(19) 'Drum.' The rotating cylinder or wheel of a dry cleaning machine that holds the articles being cleaned.

(20) 'Dry cleaning.' A process used to remove soil, grease, paint and other unwanted substances from articles with the use of a solvent other than water.

(21) 'Dry cleaning control system.' Equipment (e.g., carbon adsorber, refrigerated condenser, etc.) or an air cleaning device used to reduce the amount of air pollutant(s) in an air stream prior to discharge to the atmosphere.

(22) 'Dry cleaning equipment.' Any machine, device, or apparatus used to dry clean articles.

(23) 'Dry cleaning facility.' A facility with one or more dry cleaning systems.

(24) 'Dry cleaning system.' All of the following equipment, devices, or apparatus associated with dry cleaning operations, including, but not limited to: dry cleaning equipment; filter or purification systems; waste holding, treatment, or disposal systems; solvent supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey solvent-contaminated air; and dry cleaning control systems.

(25) 'Drying cabinet.' A housing unit, in which solvent laden articles are transferred for drying, in a separate machine designed for delicate fabrics that might otherwise be damaged by the heat and tumbling action of the standard drying cycle.

(26) 'Drying cycle.' That part of the dry cleaning cycle which actively removes the residual solvent in the dry cleaned articles after washing and extraction. For closed-loop machines, the heated portion of the cycle is followed by a cool-down phase which may be extended by the activation of a control system. The drying cycle begins when heating coils are activated and ends when the machine ceases rotation of the drum.

(27) 'Drying sensor.' A device that automatically controls the drying cycle by sensing when articles are relatively dry. Drying sensors include, but are not limited to, infrared analyzers, float switches, and resistance probes. The device detects the vapor concentration of solvents in the drying air or when the liquid solvent recovery rate is minimized. Drying sensors extend the drying cycle for a minimum time beyond the activation point to ensure dry articles.

(28) 'Dry-to-dry machine.' Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit.

(29) 'Dry-to-dry vented machine.' Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit and in which fresh air is introduced into the drum in the last step of the drying cycle and exhausted to the outdoor atmosphere, either directly or through a control device (second generation equipment).

(30) 'Environmental training program.' An initial course or a refresher course of the environmental training program, described in section 232-2.10 of this Part, for owner/managers and/or operators of perc dry cleaning equipment that has been authorized by the department.

(31) 'Existing machine or facility.' A dry cleaning machine that was installed, or a dry cleaning facility that began operating, prior to the effective date of this Part and for which operation has not been terminated.

(32) 'External door fan.' A local exhaust ventilation system designed to provide for a minimum inward air velocity of 100 feet per minute through the dry cleaning machine door upon opening and where the solvent emissions are controlled by a carbon adsorber prior to venting to the outer air.

(33) 'Filter muck.' The residue from a filter using loose diatomaceous earth, which must be replaced periodically.

(34) 'First generation equipment.' Transfer machines where cleaning and drying take place in separate machines that use or reclaim perc solvent and require the manual transfer of articles from one machine to another.

(35) 'Flash point.' The lowest temperature at which a liquid can form an ignitable mixture in air, near the surface of the liquid, as tested using acceptable standardized methods. Flash point must be determined by a Pensky-Martens Closed Cup Tester Materials Standard D-93-79 or D-93-80; or a Setaflash Closed Cup Tester, using the method specified in the American Society for Testing Materials (ASTM) and the test method specified in ASTM Standard D-3278-78; or as determined by an equivalent test method approved by the commissioner as set forth in 6NYCRR 370.3(b) (see section 370.1(e) of this Title).

(36) 'Fourth generation machine.' A non-vented, closed-loop perc dry cleaning machine with both a primary (refrigerated condenser with drying sensor) and secondary control system (integral carbon adsorber).

(37) 'Fugitive emissions control system.' An external door fan, internal door fan, or other system which is activated after completion of the drying cycle and upon machine door opening that reduces the solvent vapor concentration in the machine drum with a control device.

(38) 'General exhaust ventilation system.' A mechanical exhaust ventilation system with outside air inlets and one or more exhaust fan outlets in a dry cleaning facility. This type of system is commonly used to exhaust the air from a dry cleaning workroom or a vapor barrier room.

(39) 'Halogenated-hydrocarbon detector.' A portable device that emits an audible signal or presents a visual indicator when detecting significant vapor concentrations of perc and other halogenated-hydrocarbons.

(40) 'Internal door fan.' A system, which is activated after completion of the dry cleaning cycle and upon machine door opening, that reduces the solvent vapor concentration in the drum by first diluting the solvent vapor with air drawn from outside the loading door and then by passing the air-solvent mixture through an integral carbon adsorber before recirculating the air-solvent mixture back into the drum.

(41) 'Liquid leak.' A leak containing one or more liquid drops of solvent every three minutes.

(42) 'Local exhaust ventilation system.' A mechanical exhaust ventilation system connected directly to a dry cleaning machine or other related dry cleaning equipment. For example, the exhaust system on an external door fan from a third generation machine is a local exhaust ventilation system.

(43) 'Major dry cleaning facility.' Any dry cleaning facility that emits, or has the potential to emit, more than 10 tons per year of a Hazardous Air Pollutant (HAP) is considered a major facility as defined in Part 201 of this Title. Additionally, facilities that emit Volatile Organic Compounds (VOCs) may also be considered major depending upon their location and mass emission rate. Facilities located inside the New York City metropolitan area and parts of Orange County are considered major if they emit, or have the potential to emit, more than 25 tons per year of a VOC. Outside the New York City metropolitan area and parts of Orange County, facilities are considered major if they emit, or have the potential to emit, more than 50 tons per year of a VOC.

(i) Perchloroethylene (Perc) is classified as a HAP and dry cleaners using perc are considered major dry cleaning facilities if their yearly perc consumption is greater than 2,100 gallons per year as determined according to section 232-2.8(b)(3) of this Part.

(ii) Dry cleaners using alternative solvents which are classified as VOCs may be considered major dry cleaning facilities if their yearly solvent consumption exceeds 6,000 gallons. The VOC major facility threshold may be higher for alternative solvent dry cleaning facilities depending on the location of the facility, the solvent density and the amount of solvent disposed of as waste. Most alternative dry cleaning solvents, approved for use in New York State, are classified as VOCs although decamethylcyclopentasiloxane (Green Earth) is not a VOC.

(44) 'Muck cooker.' A device that heats filter muck to release solvent vapors for later reclaiming.

(45) 'New machine or facility.' A dry cleaning machine installed, or a dry cleaning facility commencing operation, after the effective date of this Part and for which operation has not been terminated.

(46) 'Notice of Dry Cleaning Equipment Shutdown.' A form to be completed by the owner, or owner's representative, to effectuate the required departmental notification when the operation of any perc or alternative solvent dry cleaning machine is terminated and taken out of service.

(47) 'Petroleum solvent.' A hydrocarbon solvent (e.g., Exxon Mobil DF-2000, Chevron Phillips EcoSolv®, Sasol LPA-142 & DC-142) that may be subject to 40 CFR Part 60, Subpart JJJ if used in a dryer.

(48) 'Perceptible leak.' Any solvent vapor or liquid leak that is obvious because of odor, gas flow rate or by visible pools or droplets of solvent. Vapor leaks are considered perceptible when the gas flow can be detected by passing a finger over the surface of the equipment or through the use of an appropriate portable monitoring instrument.

(49) 'Perc.' A colorless volatile chlorinated hydrocarbon. Perc is also known as perchloroethylene, tetrachloroethylene, tetrachloroethene, and PCE.

(50) 'ppb.' Parts per billion by volume in air or by weight in water.

(51) 'ppm.' Parts per million by volume in air or by weight in water.

(52) 'Primary control system.' A water cooled or refrigerated condenser on an alternative solvent dry cleaning machine or the refrigerated condenser on a perc dry cleaning machine.

(53) 'Refrigerated condenser.' A closed-loop vapor recovery system into which solvent vapors are condensed by cooling below the dew point of the solvent using a mechanical refrigerated system.

(54) 'Residence.' Any dwelling or housing in which people reside excluding short-term housing that is occupied by the same person for a period of less than 180 days (such as a hotel room).

(55) 'Second generation machine.' A dry-to-dry vented perc dry cleaning machine which is not vented to a refrigerated condenser. Typically these machines are properly vented to a carbon adsorber.

(56) 'Secondary control system.' A device or apparatus that reduces the concentration of solvent in the recirculating air at the end of the drying cycle beyond the level achievable with a primary control system alone. For example, an integral carbon adsorber used in a fourth generation machine is a secondary control system.

(i) An "integral" secondary control system is designed and offered as an integral part of a production package with a single make and model of dry cleaning machine and primary control system.

(ii) An "add-on" secondary control system is designed or offered as a separate retrofit system for use on multiple machine makes and models.

(57) 'Self-service dry cleaning machine.' A dry cleaning machine that is loaded, activated, or unloaded by the customer.

(58) 'Small carbon adsorber.' A carbon unit used with supplemental external door fans to adsorb solvent vapors from the machine drum when the machine door is opened to remove clothes at the end of the drying cycle.

(59) 'Solvent mileage.' The average weight of articles cleaned per volume of solvent used.

(60) 'Solvent recovery dryer.' A class of dry cleaning transfer machine dryers that employ a condenser to recover solvent vapors evaporated in a closed-loop stream of heated air, together with the piping and ductwork used in the installation of this device.

(61) 'Solvent tank.' Any container that is used to store solvent for use in a dry cleaning machine and from which the solvent is introduced into the drum of the machine at the start of the cleaning cycle.

(62) 'Stand-alone facility.' A dry cleaning facility that is located in a building without any other commercial business or residence.

(63) 'Statement of Compliance.' A notarized document issued by a manufacturer, or manufacturer's representative, affirming that a fourth generation perc dry cleaning machine model was tested and found to comply, in all respects, with the design and performance standards found in section 232-2.4 of this Part.

(64) 'Still.' Distillation equipment used to volatilize and recover purified solvent from contaminated solvent removed from the cleaned articles.

(65) 'Third generation machine.' A closed-loop perc dry cleaning machine equipped with a refrigerated condenser. Third generation machines must be equipped with an external door fan, controlled by a carbon adsorber, that vents to the outside air upon completion of the dry cleaning cycle and after the machine door is opened.

(66) 'Trained operator.' A person who holds a certificate of completion for the initial course of an environmental training program for owner/managers and/or operators of perc dry cleaning equipment and maintains her/his current certification status by successfully completing refresher courses as required.

(67) 'Transfer machine.' Any dry cleaning machine in which washing, washing with extraction, extraction or drying is performed in a single machine that requires the transfer of articles from one machine to another to complete the dry cleaning process.

(68) 'Uncertified dry cleaning machine.' A perc dry cleaning machine that belongs to an equipment model never tested by the department's independent contractor to verify compliance with all the testing requirements and design and performance standards of Subpart 232-2 for fourth generation machines.

(69) 'Vapor barrier.' A material surface or coating that is impermeable to a dry cleaning solvent.

(70) 'Vapor barrier room.' A room that encloses the dry cleaning machine(s) and is constructed of material that is impermeable to the applicable solvent, designed and operated to maintain negative pressure at all times that the equipment is operating, and is used with a general exhaust ventilation system.

(71) 'Vapor leak.' A fugitive emission of solvent vapor from unintended openings in the dry cleaning system. A vapor leak can be detected by an audible signal or visual signal from a halogenated-hydrocarbon detector or other approved instrument.

(72) 'Wastewater evaporator.' A wastewater treatment unit that treats solvent-contaminated wastewater by physical separation (water separator) and double carbon filtration prior to evaporation through physical action, or the addition of thermal energy.

(73) 'Water separator.' A vessel that uses gravity to physically separate liquid solvent from liquid water.

(74) 'Yearly.' Once every 365 days or 366 days for a timespan with a leap day.

§ 232-1.3 Spill containment.

(a) New or reinstalled dry-to-dry machines. The following dry-to-dry machines must be equipped with a spill containment system (spill pan) capable of containing 125 percent of the capacity of the largest dry cleaning solvent tank or vessel associated with the dry cleaning machine:

(1) Perc dry-to-dry machines that were installed or reinstalled after May 15, 1997; and

(2) Alternative solvent dry-to-dry machines that are installed or reinstalled after the effective date of this Subpart.

(b) Existing dry-to-dry machines without a spill pan.

(1) Floor drains and flooring in the vicinity of the equipment must be completely sealed so as to be impermeable to spills.

(2) Temporary dikes, berms and containment devices must be available for immediate placement in areas where spills are most likely to occur and procedures must be established and followed for preventing spill migration.

§ 232-1.4 Solid and hazardous waste management.

(a) All wastes must be managed in accordance with Parts 360 through 374 and 376 of this Title, as applicable. Additionally:

(1) Alternative solvent-contaminated wastewater must be handled in accordance with section 232-3.5(c)(10) of this Part;

(2) Perc-contaminated wastewater must be handled in accordance with section 232-2.7 of this Part;

(3) All hazardous waste (including spent solvent, cartridge filters, spent carbon, still bottoms, and lint) must be stored in tightly sealed separate containers that are impermeable to the solvent;

(4) Hazardous waste containers must be appropriately labeled, sealed and stored in a designated area;

(5) Hazardous waste containers must be in good condition and must be kept closed except when necessary to add or remove waste; and

(6) Receipts or records showing the date and volume of hazardous waste shipments must be retained for a period of five years from the date they were created.

§232-1.5 Emergency response.

(a) In the event of a solvent release, the owner, operator or a designee must take all reasonable measures to ensure the release is contained. These measures must include, where applicable, stopping processes and operations, increasing room exhaust ventilation, collecting and containing released solvent and removing and maintaining containers.

(b) If the facility has an uncontainable release, fire or explosion, the owner or operator must report the event to the department and appropriate emergency response agencies immediately.

(c) Any emergency response action must be recorded on the form provided by the department. This record must include, at a minimum:

(1) the date, duration and nature of any malfunction, spill or incident of the dry cleaning system;

(2) the notification procedures; and

(3) the corrective actions taken.

§ 232-1.6 Permitting. Part 201 of this Title (Permitting Requirements) applies to all new and existing dry cleaning facilities subject to this Part.

(a) Any operational dry cleaning facility that uses perc and/or alternative solvents in dry cleaning equipment must have a valid air permit or registration as required below:

(1) Major dry cleaning facilities must have a Title V air facility permit as required under Subpart 201-6 of this Title.

(2) Owners or operators of non-major dry cleaning facilities with a yearly perc consumption greater than, or equal to, 1,050 gallons per year must obtain a state facility permit as required under Subpart 201-5 of this Title. All non-major dry cleaning facilities using alternative solvents must obtain a state facility permit if their yearly solvent consumption exceeds 3,000 gallons.

(3) All applicable dry cleaning facilities that do not require a Title V or state facility permit must obtain an air facility registration.

(4) Any dry cleaner that determines its yearly consumption of perc and/or alternative solvent has exceeded a major dry cleaning facility threshold, as defined in section 1.2(b)(43) of this Subpart, must submit a complete application for a Title V permit within 180 calendar days from the determination date. Dry cleaners that have exceeded one of the state facility thresholds in paragraph (2) of this subdivision must submit a complete application for a state facility permit within 90 days of determination.

(b) Any person proposing to construct a new dry cleaning facility, or proposing to make changes to an existing facility by installing or modifying equipment or switching to a different dry cleaning solvent regulated under this Part, must apply for an air permit or registration and receive department approval in accordance with Part 201 before commencing construction, installation or modification.

(c) Any person who owns an existing facility subject to this Part must submit a completed Notice of Dry Cleaning Equipment Shutdown to the department when the operation of any perc or alternative solvent dry cleaning machine is terminated and taken out of service. This completed form must be submitted to the department by means of certified mail, return receipt requested, no later than 30 days after the termination of operation.

(d) Notwithstanding the provisions in subdivisions (a) of this section, dry cleaning facilities that are major facilities must comply with all requirements under Part 201 of this Title with regard to obtaining a Title V facility permit.

§ 232-1.7 Posting notices.

(a) Facility owners or operators must post the notices described in subdivision (b) and/or (c) of this section that inform building tenants and/or customers of the dry cleaning solvent(s) used in the perc and alternative solvent dry cleaning equipment at the facility. These notices, supplied upon request and prepared by the department with information provided by the facility owner or operator, must be posted in a conspicuous location in the facility.

(b) Notices that contain the following statements must be posted in dry cleaning facilities with operational perc dry cleaning equipment:

(i) "This dry cleaning facility uses the chemical commonly called perc (it is also called tetrachloroethene, tetrachloroethylene or perchloroethylene).";

(ii) "You may request information from this dry cleaner about inspections that may have been conducted at this facility, including indoor air testing.";

(iii) "You may contact the New York State Department of Environmental Conservation if you smell chemical odors or see liquid leaking from the dry cleaning operations at '(include phone number)'.";

(iv) "If you want more information about indoor air testing or health effects from exposure to perc, call your local health department at '(include phone number)' or the New York State Department of Health toll free at '(include phone number)'.";

(v) "Name of Dry Cleaning Facility: '(include name)'";

(vi) "NYSDEC permit or registration number: '(include permit or registration number)'";

(vii) "Address of Facility: '(include address)'";

(viii) "Owner or Operator of Facility: '(include owner or operator's name)'"; and

(ix) "If Emergency, contact: '(include telephone number)'".

(c) One hundred and eighty days after the effective date of this Part, notices that contain the following statements must be posted in dry cleaning facilities with operational alternative solvent dry cleaning equipment:

(i) "This dry cleaning facility uses the chemical commonly called '(include chemical name)' as a dry cleaning solvent. The solvent has been approved by the department for use in compliant dry cleaning equipment as a replacement for perchloroethylene (perc). It is marketed under the trade name '(include trade name)' and can be identified by the Chemical Abstract Service (CAS) number: '(include CAS number)'.";

(ii) "Detailed information and a Safety Data Sheet for the alternative dry cleaning solvent can be found on the department's web site.";

(iii) "Name of Dry Cleaning Facility: '(include name)'";

(iv) "NYSDEC permit or registration number: '(include permit or registration number)'";

(v) "Address of Facility: '(include address)'"; and

(vi) "Owner or Operator of Facility: '(include owner or operator's name)'".

6 NYCRR Subpart 232-2, Perchloroethylene Dry Cleaning Equipment

§ 232-2.1 Applicability.

(a) This Subpart applies to all perchloroethylene (perc) dry cleaning equipment at new and existing dry cleaning facilities.

§ 232-2.2 Variances.

(a) Unless otherwise precluded by Federal statute, or subdivision (d) of this section, the department may, upon written application from any person who is subject to this Subpart, grant a variance from one or more specific provisions of this Subpart under the conditions set forth in this section. Variances will only be granted under exceptional or extraordinary circumstances unless subdivision (e) applies.

(b) Every application for a variance must:

(1) identify the specific provisions of this Subpart from which a variance is sought;

(2) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the applicant's particular situation in contrast to the rest of the industry or any segment thereof, tend to impose an unreasonable economic, technological, or safety burden on the person or the public; and

(3) demonstrate that the proposed activity will have no significant adverse impact on public health, safety, or welfare, the environment or natural resources and will be consistent with the provisions of the Environmental Conservation Law (ECL) and the performance expected from an activity permitted under the provisions of this Subpart.

(c) In granting any variance under this section, the department may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on public health, safety, or welfare, the environment or natural resources.

(d) Phase-out dates for prohibited perc dry cleaning equipment cannot be extended by a variance.

(e) Owners or operators of perc dry cleaning facilities that are permitted or registered to operate in New York State will be granted a variance, from the new machine requirements of 232-2.4(b)(1), to relocate from the facility any used compliant fourth generation perc machines that are less than 10 year old to any new stand-alone facility under the same ownership if the facility meets all other applicable requirements and a new or modified air permit or registration is first obtained.

§ 232-2.3 Prohibitions.

(a) Perc transfer machines (first generation).

(1) After January 1, 2000, the operation of any perc dry cleaning equipment as a transfer machine is prohibited.

(b) Second generation machines.

(1) After January 1, 2001, the operation of any second generation perc dry cleaning equipment is prohibited.

(c) Third generation machines.

(1) After May 15, 1997, the installation of any third generation perc dry cleaning machine at a co-located commercial or residential facility is prohibited.

(2) After May 15, 2001, the operation of any third generation perc dry cleaning machine without an external door fan is prohibited.

(3) After June 4, 2002, the installation of any third generation perc dry cleaning machine is prohibited.

(4) After January 1, 2005, all third generation machines that were converted from second generation must be removed from service at all co-located commercial and residential facilities.

(5) After December 21, 2020, the operation of any third generation perc dry cleaning machine at a co-located residential facility is prohibited.

(6) After December 31, 2021, all third generation perc dry cleaning machines must be removed from service.

(d) Fourth generation machines.

(1) After May 15, 1997, the installation of any used fourth generation perc dry cleaning machine is prohibited.

(2) After May 15, 2001, the conversion of any perc dry cleaning machine, from third to fourth generation, is prohibited.

(3) After July 13, 2006, the installation of any fourth generation perc dry cleaning machine at a co-located residential facility is prohibited.

(4) The operation of any uncertified perc dry cleaning machine that was installed after September 24, 2003 but before the effective date of this Subpart is prohibited.

(5) After the effective date of this Subpart, the installation of an external door fan on any fourth generation perc dry cleaning machine is prohibited.

(6) After the effective date of this Subpart, the installation of any uncertified dry cleaning machine that belongs to an equipment model not issued a manufacturer's Statement of Compliance is prohibited.

(7) After December 21, 2020, the operation of any fourth generation perc dry cleaning machine at a co-located residential facility is prohibited.

(e) Other dry cleaning equipment.

(1) After November 15, 1997, the installation or operation of any self-service perc dry cleaning machine is prohibited.

(2) After the effective date of this Subpart the use of any dip tank that uses perc solvent is prohibited.

§ 232-2.4 Equipment standards and specifications.

(a) Specific equipment standards and emission control specifications:

(1) Vapor barrier rooms. All co-located commercial and residential facilities must be equipped with a vapor barrier room. Vapor barrier rooms must, at a minimum, enclose the perc dry cleaning equipment. They must be constructed of polyvinyl chloride, PVC sheet 22 mil thick (0.022 in.), sheet metal, metal foil face composite board, or other equivalent materials that are impermeable to perc vapors. All joints, seams and penetrations of the vapor barrier room must be sealed except for entry doors and outside air inlet and exhaust vents. Entry doors may only be open when a person is entering or exiting the room enclosure.

(2) General exhaust ventilation systems. All co-located commercial and residential facilities must be equipped with a vapor barrier room and a general exhaust ventilation system that is completely separate from the ventilation system(s) serving other areas of the building. The general exhaust ventilation system must be located near the dry cleaning machinery and in the vapor barrier room or connected to a separate room that exhausts the perc vapor emissions to the outside air. This dry cleaning general exhaust ventilation system must be operated at all times the facility is open for business and be capable of at least one air change every five minutes.

(3) External door fans. All third generation perc dry cleaning machines must be equipped with an external door fan. Fourth generation perc dry cleaning machines may only be equipped with an external door fan if installed prior to the effective date of this Subpart. External door fans must meet the following requirements:

(i) External door fans must include a mechanical exhaust fan that is activated when the loading door is open; drawing room air from outside the loading door, through the machine drum and a carbon adsorber prior to venting outside the building. A minimum inward air velocity of 100 feet per minute must be maintained through the effective door opening area of the loading door of the machine.

(ii) External door fans must not recirculate vapors into the workroom and must be properly vented to the outside air.

(iii) External door fans must be controlled to a design perc emission standard of five ppm and an in-use maximum perc compliance standard of 20 ppm.

(4) Primary emission control systems. Refrigerated condensers must:

(i) achieve an outlet vapor temperature less than or equal to 45° F (7.2° C), downstream of any by-pass of the condenser, during the final cool-down cycle and lower the temperature of the air-perc vapor stream entering and exiting the refrigerated condenser by at least 20° F (11.1° C);

(ii) be equipped with a graduated thermometer, thermocouple or equivalent instrument, with a minimum range from 0° F (-18° C) to 150° F (66° C) and accuracy of ±2 °F (±1.1 °C), that measures the temperature of the outlet vapor stream, downstream of any by-pass of the condenser, and is easily visible to the operator;

(iii) reduce the perc vapor concentration in the drum to 8600 ppm or less upon completion of the drying cycle;

(iv) be equipped with a drying sensor/controller that extends the drying time at least four minutes beyond the point where the perc recovery rate is less than 40 ml/min, or the perc vapor concentration in the drum is less than 8,600 ppm, on third and fourth generation machines installed on or after May 15, 1997; and

(v) be operated with a diverter valve.

(5) Secondary control systems. Integral carbon adsorbers must:

(i) be designed to function in conjunction with a compliant primary control system;

(ii) reduce the perc vapor concentration in the drum to 500 ppm or less at the immediate completion of the drying cycle and prior to the activation of any fugitive emissions control system on the following dry cleaning machines without an external door fan:

(a) fourth generation machines installed on or before September 22, 1993 at major dry cleaning facilities;

(b) fourth generation machines installed before May 15, 1997 at non-major dry cleaning facilities; and

(iii) reduce the perc vapor concentration in the drum to 300 ppm or less at the immediate completion of the drying cycle and prior to the activation of any fugitive emissions control system on the following dry cleaning machines:

(a) fourth generation machines installed after September 22, 1993 at major dry cleaning facilities;

(b) fourth generation machines, installed on or after May 15, 1997, that are not equipped with an external door fan at non-major dry cleaning facilities; and

(iv) be designed for non-contact steam, or hot air stripping, and must be stripped or desorbed, at least weekly and, in accordance with manufacturer's instructions.

(b) Perc dry cleaning machines.

(1) New machine requirements. Only new compliant fourth generation perc dry cleaning machines that belong to equipment models previously certified by the department, or which have been issued a manufacturer's Statement of Compliance, may be installed and thereafter operated at stand-alone and co-located commercial facilities. No used, converted or retrofitted equipment may be installed.

(2) Existing machine requirements. Compliant perc dry cleaning machines and external door fans listed in paragraphs (2)(i) or (2)(ii) of this subdivision may be operated at the specified locations unless future operation is prohibited under section 232-2.3 of this Subpart.

(i) Third generation perc dry cleaning machines that meet the control requirements of section 232-2.4(a)(4) of this Subpart and were retrofitted with an external door fan prior to May 15, 2001, that meets the requirements of section 232-2.4(a)(3) of this Subpart, may be operated at existing dry cleaning facilities.

(ii) Fourth generation perc dry cleaning machines with primary and secondary control systems that meet the requirements of section 232-2.4(a)(4) and 232-2.4(a)(5) of this Subpart, and external door fans that meet the requirements of section 232-2.4(a)(3), may be operated at existing dry cleaning facilities as specified below:

(a) Fourth generation machines that were converted from third generation on or before May 15, 2001;

(b) Fourth generation machines that were installed before September 24, 2003;

(c) External door fans retrofitted on fourth generation dry cleaning machines prior to the effective date of this Subpart;

(d) Certified fourth generation machines at co-located residential facilities that were installed on or before December 21, 2005; and

(e) Certified fourth generation machines at stand-alone and co-located commercial facilities that were installed prior to the effective date of this Subpart.

§ 232-2.5 Leak inspection and self-monitoring.

(a) Leak check requirements. A trained operator must inspect the perc dry cleaning system for perceptible liquid and vapor leaks and other fugitive emissions, and record the date of inspection, inspector's initials and the status of each component on a checklist supplied by the department. Completed checklists must be kept for at least five years from the date of inspection.

(1) The perc dry cleaning system must be thoroughly inspected, at least weekly, for vapor leaks using one of the following devices or methods for detecting vapor leaks:

(i) a halogenated-hydrocarbon detector (beeper); or

(ii) a portable gas analyzer; or

(iii) an alternative method approved by the department.

(2) All equipment referenced in paragraph (a)(1) of this subdivision must be maintained in good working order and properly calibrated.

(b) The following components of the perc dry cleaning system must be inspected weekly by a trained operator for perceptible liquid and vapor leaks and for proper operation, as required by section 232-2.6 of this Subpart (operation and maintenance requirements), during that portion of the machine cycle that the component is utilized:

(1) hose and pipe connections, fittings, couplings and valves;

(2) door gaskets and seatings;

(3) filter gaskets and seatings;

(4) pumps;

(5) solvent (including spent solvent) tanks and containers;

(6) water separators;

(7) muck cookers;

(8) stills;

(9) exhaust dampers;

(10) diverter valves; and

(11) cartridge filter housings.

(c) Carbon adsorber vents from external door fans must be tested weekly using colorimetric detector tubes or a portable gas analyzer and noted on the checklist.

(d) The temperature of the vapor stream on the inlet and outlet side of a refrigerated condenser must be measured weekly, and recorded on the checklist.

(e) Preparedness and prevention equipment as required in section 232-2.6(d)(4) of this Subpart must be inspected weekly to ensure proper operation and maintenance. A notation must be made on the checklist at the time of inspection.

(f) For dry cleaning machines equipped with an external door fan, trained operators must use a portable velometer or equivalent measurement instrument to measure the inward air velocity through the effective door opening to verify compliance with section 232-2.4(a)(3) of this Subpart. The inward air velocity must be measured weekly and noted on the checklist.

(g) Any liquid leak, vapor leak, or malfunction that has been detected by a trained operator must be noted on the checklist and repaired immediately, if possible. If the leak cannot be repaired at the time of detection, the leaking component must be physically marked or tagged in a manner that is readily observable and repaired within 24 hours of detection, unless repair parts are unavailable.

(1) If repair parts are not available at the facility, the parts must be ordered within two working days of detecting such a leak. Such repair parts must be installed within five working days after receipt. Equipment with a leak that has not been repaired by the end of the 15th working day after detection must not be operated until the leak is repaired, unless the facility owner or operator is granted a leak-repair extension from the department.

(2) The department may grant a leak-repair extension to a facility owner or operator for a single period of 30 days or less, if the department makes these findings:

(i) the delay in repairing the leak could not have been avoided by action taken by the facility owner or operator;

(ii) all reasonable preventive measures were taken and prompt action was taken to initiate the repair;

(iii) the leak will not significantly increase perc exposure in or near the facility; and

(iv) the facility is in compliance with all other requirements of this section and has a history of compliance.

(3) Such an extension may be granted verbally, but must be followed up by a written confirmation within three days.

(4) Once a repair is completed, the completion date must be recorded on the checklist.

(5) Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(6) All uncontainable releases, fires or explosions must be reported immediately to the department and appropriate emergency response agencies.

(h) A measured fugitive perc emission concentration of 50 ppm or greater emanating from any part of the dry cleaning system shall be considered an excessive vapor leak, treated as a violation, and subject to department enforcement action if detected by an inspector and not physically marked or tagged by a trained operator prior to the inspection; except for short-term maintenance operations involving the opening of dry cleaning system components for inspection or repair.

(i) Owner drum testing. In addition to the required yearly drum testing by compliance inspectors (inspector drum testing), all operational fourth generation perc dry cleaning machines must be tested by the owner or owner's representative at the facilities and frequencies specified in paragraphs (1) and (2) of this subdivision. These tests must be conducted at the immediate completion of the drying cycle and prior to the activation of any fugitive emissions control system. Any fugitive emissions control system, normally activated upon door opening, must be deactivated prior to this test. Testing must be conducted when machines are filled to at least 80 percent of capacity using proper sampling procedures and a colorimetric detector tube sampling pump, or photo ionization detector, in good working order. During this test, the sampling probe must be inserted into the rear of the drum and above the clothes at the immediate completion of the drying cycle. Any sampled concentration above the regulatory limit specified in section 232-2.4(a)(5) will not be treated as a violation if the machine is brought into compliance and then retested within 45 days of detection. This compliance and testing deadline may be extended beyond 45 days if requested and reasonably justified by the owner and approved by the department. Testing results and any corrective action taken must be recorded on the checklist supplied by the department.

(1) Co-located residential and co-located commercial non-major dry cleaning facilities. Owner drum testing must be conducted monthly on all operational fourth generation machines, not equipped with an external door fan, at co-located residential and commercial non-major facilities. Owner drum testing is not required for perc dry cleaning machines at stand-alone non-major facilities.

(2) Major dry cleaning facilities. Owner drum testing must be conducted weekly on all operational fourth generation machines, with or without an external door fan, that were installed after September 22, 1993 at all major facilities.

§ 232-2.6 Operation and maintenance.

(a) Perc dry cleaning facilities must be maintained and operated to minimize the release of perc to the environment.

(b) Trained operators must operate and maintain all components of the perc dry cleaning system in accordance with the requirements of this Subpart and the conditions specified in the facility's operating permit. For operations not specifically addressed in this Subpart, the components must be operated and maintained in accordance with the manufacturer's recommendations.

(c) Trained operators must complete all functions on the operational and maintenance checklist supplied by the department and note the action taken, the date it was performed and the trained operator's initials on the form. Completed checklists must be maintained on-site for at least five years from the last inspection date recorded.

(d) Trained operators must comply with the following operation and maintenance requirements, as applicable:

(1) Third and fourth generation perc dry cleaning machines.

(i) Refrigerated condensers must be operated and maintained in compliance with section 232-2.4(a)(4) of this Subpart and otherwise in accordance with manufacturer's specifications.

(ii) Carbon adsorbers installed on fourth generation machines must be operated to ensure that exhaust gases are recirculated at the operating temperature designed for the equipment, or specified by the manufacturer, for optimum adsorption.

(iii) Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods prior to disposal:

(a) Drained in the filter housing for no less than 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. When performing such a transfer, the general exhaust ventilation system must be operating and the filter housing must be closed as soon as possible to minimize vapor leaks.

(b) Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.

(iv) All steam and condensing coils must be maintained free of lint and hard lint build-up on interior surfaces.

(2) Ancillary equipment.

(i) All filter muck must be treated in a still or muck cooker which routes perc-contaminated vapors through a condenser or other control device and then recycles condenser vapors back into the machine. Still and muck cookers must not vent emissions into the facility nor be operated in a manner that exceeds 75 percent of the rated capacity or other alternate value recommended by the manufacturer. Still and muck cookers must be cooled to 100° F (38° C) or less before being emptied or cleaned.

(ii) Button and lint traps must be cleaned each working day and the lint must be placed in a tightly sealed container. Operations must be performed so that the opening of such traps is done as quickly as possible with the local or general exhaust ventilation system operating to minimize perc emissions.

(iii) Wastewater treatment units treating perc-contaminated waste.

(a) Carbon filtration units - carbon cartridges must be replaced in accordance with manufacturer's specifications.

(b) Evaporators - evaporators treating perc-contaminated wastewater must meet the requirements of section 232-2.7(b) of this Subpart and be operated to ensure that no liquid perc or visible emulsion is allowed to vaporize.

(3) The following equipment must be maintained according to the recommended manufacturer's specifications:

(i) hose and pipe connections, fittings, couplings, and valves;

(ii) door gaskets and seatings;

(iii) filter gaskets and seatings;

(iv) pumps;

(v) water separators;

(vi) muck cookers;

(vii) stills;

(viii) exhaust dampers;

(ix) diverter valves;

(x) cartridge filter housings; and

(xi) drying sensors.

(4) Preparedness and prevention.

(i) All perc dry cleaning operations must be equipped with the following:

(a) adequate spill control equipment including sorbent materials, or an alternative method for absorbing spills;

(b) vapor-proof containers for storing spill-contaminated material; and

(c) fire control equipment.

(ii) Sufficient aisle space must be maintained to allow proper inspection of the dry cleaning equipment.

(iii) A reasonable supply of commonly replaced spare parts for repairing perc dry cleaning equipment must be available at the dry cleaning facility.

(5) All parts of the perc dry cleaning system, including solvent containers where perc may be emitted to the atmosphere, must be kept closed at all times except when access is required for proper operation and maintenance.

(6) Perc solvent tanks must be refilled using a closed-loop delivery system.

§ 232-2.7 Perc-contaminated wastewater management.

Perc-contaminated wastewater generated by facilities subject to this Subpart must be managed as follows:

(a) Perc-contaminated wastewater discharges.

(1) Perc-contaminated wastewater that is discharged to a sewer system must be treated prior to discharge by physical separation (water separator) and double carbon filtration, or an equivalent control which has been approved by the department, to achieve an effluent quality that:

(i) is less than or equal to 20 ppb perc without perc evaporation; and

(ii) conforms to appropriate local sewer use ordinances.

(2) All perc-contaminated wastewater discharges to surface and groundwaters must conform to the requirements of Part 750 of this Title.

(b) Evaporation of perc-contaminated wastewater. Perc-contaminated wastewater that is evaporated must be treated by physical separation (water separator) and double carbon filtration and not exceed a 20 ppb perc effluent standard prior to evaporation.

§232-2.8 Reporting and recordkeeping.

(a) Trained operators must maintain the following records and record the specified information on forms provided by the department:

(1) the date, duration and nature of any malfunction, spill, incident, or emergency response at the facility as outlined in section 232-1.5(d) of this Subpart;

(2) the date of maintenance on any air cleaning component or exhaust system (such as the regeneration and/or replacement of the carbon in a carbon adsorber);

(3) the number of loads between carbon regenerations, cleaning and replacement of lint filters and carbon adsorber pre-filters, repair or replacement of exhaust fans;

(4) the amount of activated carbon in carbon adsorbers (dry weight in pounds);

(5) the date of maintenance of drying sensors;

(6) the date and volume of hazardous waste shipments; and

(7) the dates of perc-contaminated wastewater treatment unit carbon cartridge replacement.

(b) Each owner or operator must maintain on-site, and provide upon request, a five year record and log of the following information:

(1) Receipts of perc purchases.

(2) The volume of perc purchased each month as recorded from perc purchases.

(3) The owner or operator must perform the following calculation on the first day of every month:

(i) sum the volume of all perc purchases made in each of the previous twelve months, as recorded in the log described in paragraph (1) of this subdivision;

(ii) if no perc purchases were made in a given month, then the perc consumption for that month is zero gallons; and

(iii) the total sum calculated is the yearly perc consumption at the facility. Should a non-major dry cleaning facility calculate a total sum that exceeds 2,100 gallons, the facility owner or operator must submit a complete application for a Title V permit and submit a notification of compliance status report to the department as required by subdivison (h) of this section. For facilities that are not required to obtain a Title V permit, a state facility permit is required if the total sum equals or exceeds 1,050 gallons.

(c) Trained operators must record the following information on an inspection checklist as described in section 232-2.5 of this Subpart.

(1) the dates each perc dry cleaning system component was inspected for leaks and the name or location of any perc dry cleaning system component where a perceptible leak was detected;

(2) the date, time and colorimetric detector tube sampled perc concentration from any carbon adsorber vent, or any required drum concentration measurement;

(3) the date, time and temperature sensor monitoring results for refrigerated condensers; and

(4) the dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with the inspection and testing requirements.

(d) Owners or operators must retain, on-site, copies of the operation and maintenance checklists, required under section 232-2.6 of this Subpart, and the compliance inspection reporting forms, required under section 232-2.11 of this Subpart.

(e) Owners or operators must retain, on-site, copies of the design specifications and the operating manuals for each perc dry cleaning system and each emission control device located at the dry cleaning facility.

(f) All records must be maintained on-site for at least five years and be made available to the department upon written or verbal request.

(g) New and existing facilities installing new perc dry cleaning machines, must submit a completed compliance status notification form to the department by registered mail within 30 days of commencing operation to certify compliance with the Federal NESHAP requirements. This statement must include:

(1) the name and address of the owner or operator;

(2) the address (that is, physical location) of the perc dry cleaning facility;

(3) an estimation of the facility's annual perc consumption;

(4) a description of the machines' emission control devices;

(5) a statement verifying compliance with each applicable requirement under 40 CFR sections 63.322, 63.323, and 63.324; and

(6) a statement certifying that all information contained in the report is accurate and true.

(h) Facilities with a yearly perc consumption exceeding 2,100 gallons, as calculated by the procedures in section 232-2.8(b)(3) of this Subpart, must submit a notification of compliance status report to the department by registered mail within 180 days from the date the facility determines that the reported major dry cleaning facility consumption threshold was exceeded. This statement must include:

(1) the name and address of the owner or operator;

(2) the address (that is, physical location) of the perc dry cleaning facility;

(3) an estimation of the facility's annual perc consumption;

(4) a description of the machines' emission control devices;

(5) a statement verifying compliance with each applicable requirement under 40 CFR sections 63.322, 63.323, and 63.324; and

(6) a statement certifying that all information contained in the report is accurate and true.

§ 232-2.9 Equipment testing, certification and statement of compliance.

(a) Model certification and Statement of Compliance. The department will no longer certify the performance of any fourth generation perc dry cleaning machine that was not certified by the department prior to the issuance of this revised rule. After the effective date of this Subpart, the following provisions apply to every new perc dry cleaning machine offered for sale, sold, leased or installed in New York State:

(1) Only new fourth generation perc dry cleaning machines that belong to equipment models previously certified by the department or that have been issued a manufacturer's Statement of Compliance may be installed in New York State.

(2) Before any manufacturer or vendor may sell or lease any new uncertified fourth generation perc dry cleaning machine in New York State, the manufacturer or manufacturer's agent must first test the equipment model to verify that the uncertified model complies with all aspects of the design and performance standards in section 232-2.4 of this Subpart, at the time of installation. Should the tested model meet the design and performance standards, the manufacturer or manufacturer's representative shall then issue a notarized Statement of Compliance for the uncertified model.

(3) It is unlawful for any person to sell, offer for sale, cause to be offered for sale, lease or misrepresent any new fourth generation dry cleaning machine as one which can be installed in a dry cleaning facility in New York State unless it meets the requirements of paragraph (1) of this subdivision.

(4) Upon request, the manufacturer or vendor of any new perc dry cleaning machine, leased or purchased after the effective date of this Subpart for installation and use in New York State, must provide the leaseholder or buyer with a copy of the manufacturer's Statement of Compliance. Any such Statement of Compliance must verify that the requirements of paragraph (2) of this subdivision have been met.

(5) The manufacturer or vendor of any fourth generation perc dry cleaning machines, certified by the department, or installed after the effective date of this Subpart, must provide immediate notification to the department should any generic design or functional defect be discovered. Such notification must include a detailed plan to remedy the design or functional defect.

(6) After any new perc dry cleaning machine is installed at a facility, the manufacturer or manufacturer's representative must conduct an on-site two-day training session for the purchaser or lessee. The training session must include instruction on how to maintain and operate the perc dry cleaning machine.

(b) Equipment documentation and services.

(1) The manufacturer or vendor of any new perc dry cleaning machine, proposed to be installed in New York State, must make the following documents available to the department upon request. Separate documentation must be available for each perc dry cleaning equipment model sold in New York State.

(i) a detailed description of the perc dry cleaning system, and a description of the capabilities and procedures for the installation, use, maintenance, repair, and tune-up of the system, including a description of any lockout systems employed;

(ii) for uncertified dry cleaning machine models, installed after the effective date of this Subpart, a copy of the manufacturer's Statement of Compliance.

(iii) a description of how program updates and modifications will be made in any microprocessor software, if applicable;

(iv) a copy of the perc dry cleaning equipment warranty and service contracts, including a listing of available replacement parts and a description of the servicing network established to serve dry cleaning facilities within the State;

(v) a detailed description of the proposed training session to be conducted on-site at the dry cleaning facility for the owners, operators, and employees;

(vi) a copy of the operator's manual, written in plain language, covering use, maintenance, and parts and service information, must be provided with the perc dry cleaning equipment; and

(vii) such other material or information as the department or its agent may require to ascertain compliance with the requirements of this Subpart.

(2) Each manufacturer or vendor of any new fourth generation perc dry cleaning machine that is sold in New York State must provide calibration services to the user facility for any sensors or integral measuring devices that are crucial to the continued compliance with any performance standards under this Subpart for at least five years. .

§ 232-2.10 Owner/manager, operator and inspector training and certification.

(a) Except for the conditions established in subdivision (b) of this section, it is unlawful for any person to operate a perc dry cleaning facility subject to this Subpart unless:

(1) the facility manager and/or owner has a current and valid perc dry cleaning owner/manager certification; and

(2) the person operating the perc dry cleaning machine has a current and valid perc dry cleaning operator certification.

(b) In the event that an unforeseen/unpredictable situation occurs that prevents a perc dry cleaning facility from having a trained operator on-site to operate the perc dry cleaning equipment, operation of the dry cleaning machine(s) may continue with a non-certified operator for a period not to exceed three days per occurrence. Under no circumstances may an uncertified operator operate perc dry cleaning equipment at any facility for a total of more than 10 days in any calendar year. If the use of an uncertified operator would cause nonperformance of required maintenance and leak detection, the facility must suspend dry cleaning operations until a certified operator is available. The purpose of this provision is to accommodate emergencies or unforeseen extenuating circumstances and must not be used to cover routine situations such as vacations or other scheduled absences.

(c) A perc dry cleaning owner/manager certification may be issued by any organization that offers an environmental training program (including refresher courses) approved by the department and that includes, at minimum, the following elements:

(1) Course topics:

(i) the history of dry cleaning and wet cleaning techniques including the appropriate use of each;

(ii) alternatives to perc, including greater use of wet cleaning;

(iii) the characteristics and environmental effects of perc;

(iv) the health impacts of perc;

(v) knowledge of personal protective equipment;

(vi) federal, state and local government operation, maintenance, recordkeeping and reporting requirements, including the administration and implementation of appropriate state and federal labor, health, and safety laws and regulations;

(vii) knowledge of perc dry cleaning systems including environmental control equipment and general and local exhaust ventilation systems;

(viii) operation of perc dry cleaning systems including environmental control equipment and the use of perc-contaminated wastewater evaporators;

(ix) maintenance of perc dry cleaning systems including spill prevention techniques;

(x) inspection and testing of perc dry cleaning systems for leaks and fugitive emissions;

(xi) monitoring of perc levels in the air;

(xii) maximizing perc reclamation and mileage; and

(xiii) waste handling requirements to minimize perc loss to the environment.

(2) Administration. The course administration must include:

(i) testing by an independent testing organization, covering all topics listed in paragraph (c)(1) of this subdivision; and

(ii) procedures for revocation of certification.

(d) A perc dry cleaning operator certification may be issued by any organization that offers an environmental training program (including refresher courses) approved by the department and that includes, at minimum, the following elements:

(1) Course topics:

(i) the characteristics and environmental effects of perc;

(ii) appropriate use of wet cleaning;

(iii) the health impacts of perc;

(iv) knowledge of personal protective equipment;

(v) state recordkeeping and reporting requirements;

(vi) knowledge of general and local exhaust ventilation systems;

(vii) operation of perc dry cleaning systems including environmental control equipment and the use of perc-contaminated wastewater evaporators;

(viii) maintenance of perc dry cleaning systems including spill prevention techniques;

(ix) inspection and testing of perc dry cleaning systems for leaks and fugitive emissions;

(x) monitoring of perc levels in the air;

(xi) maximizing perc reclamation and mileage; and

(xii) waste handling requirements to minimize perc loss to the environment.

(2) Administration. The program administration must include:

(i) a hands on program designed to test an acceptable level of knowledge. Successful completion of the program must include a demonstrated knowledge of all topics listed in paragraph (d)(1) of this subdivision; and

(ii) procedures for revocation of certification.

(e) Individuals that inspect dry cleaning facilities, either as a registered inspector or under the supervision of a registered inspector, must obtain a perc dry cleaner owner/manager certification.

(f) A perc dry cleaning operator certification will be valid for a five year period and may be renewed upon completion of a refresher course.

(g) Persons or organizations authorized by the department to offer owner/manager and/or operator environmental training programs with a certification exam shall not require membership in an association nor the purchase of a product as a prerequisite to enrollment or for successful completion of the course. An authorization is valid for a maximum of five years and may be renewed by filing an application provided by the department. Such applications must be filed at least six months prior to the expiration of the current authorization.

§ 232-2.11 Compliance inspections.

(a) All perc dry cleaning facilities must be inspected yearly unless granted an extension by the department due to extenuating circumstances. Should such an extension be granted, the following yearly inspection must be conducted no later than one year after the date of the originally scheduled inspection.

(b) Such inspections must be performed by an inspector registered with the department or by an individual working under the supervision of a registered inspector.

(c) All registered inspectors must meet the requirements of paragraphs (1), (2) and (3) of this subdivsion. Individuals working under the supervision of a registered inspector must meet the requirements of paragraphs (2) and (3).

(1) The inspector must be one of the following:

(i) a licensed professional engineer; or

(ii) a registered architect; or

(iii) a certified industrial hygienist.

(2) Must possess a perc dry cleaner owner/manager certification in accordance with section 232-2.10 of this Subpart and complete other appropriate training as specified by the department on topics related to inspections.

(3) Must not be engaged in the sale or marketing of perc dry cleaning equipment. Must not be engaged in providing services to the perc dry cleaning industry. Employees of trade associations may not conduct inspections, but trade associations may solicit bids for performing inspections on behalf of their members.

(d) The department must be notified of all yearly compliance inspections, in writing at least seven days prior to the inspection, in a form acceptable to the department, by the registered inspector.

(e) Inspections must be conducted in accordance with protocols specified by the department, and be recorded on an inspection reporting form provided by the department.

(f) Analysis of air samples collected by passive sampling devices or the equivalent must be conducted by a laboratory certified by the Environmental Laboratory Approval Program (ELAP) of the New York State Department of Health.

(g) The inspector must verify that all department NOTICES are posted in a conspicuous location in the facility in accordance with section 232-1.7 of this Part.

(h) After the inspection is completed, the registered inspector must complete the dry cleaning compliance inspection form and submit the report to the department and the facility owner or operator no later than 45 days after the inspection.

(i) The registered inspector must notify the department within three business days when measured perc emissions or concentrations exceed either one of the following applicable limits during the final performance test of a dry cleaning machine:

(1) the perc emissions from an external door fan exceed the maximum limit specified in section 232-2.4(a)(3)(iii) of this Subpart; or

(2) the end-of-cycle perc drum concentration measured by the registered inspector (inspector drum testing) exceeds the specified limit in section 232-2.4(a)(5) of this Subpart.

(j) Failure of the registered inspector to comply with the above requirements may result in the removal of the registered inspector from the department's list of registered inspectors.

(k) The owner or operator must:

(1) Make available, upon request, the most recent completed inspection reporting form to interested individuals for review on premises during normal business hours.

(2) If a compliance inspection reveals a machine leak or malfunction, the machine must be repaired within the applicable timeframe established in section 232-2.5 of this Subpart and then re-inspected by a compliance inspector no later than 45 days after the machine leak or malfunction was detected.

(3) If a compliance inspection reveals that perc emissions or perc drum concentrations exceed the limit specified in subdivison (i) of this section, the exceedance will be treated as a violation and therefore will be subject to department enforcement action, unless the machine is brought into compliance and then retested by a compliance inspector no later than 45 days after the exceedance was initially detected.

6 NYCRR Subpart 232-3, Alternative Solvent Dry Cleaning Equipment

§ 232-3.1 Applicability.

(a) This Subpart applies to all alternative solvent dry cleaning equipment not listed as an exempt activity under Part 201 of this Title. Water-based cleaning processes (wet cleaning) and those using only liquid carbon dioxide are exempt from this Subpart.

§ 232-3.2 Prohibitions.

(a) After the effective date of this Subpart, the installation or replacement of any alternative solvent transfer machine in which washing, washing with extraction, extraction, or drying is performed in a single machine that requires the transfer of articles from one machine to another to complete the dry cleaning process is prohibited.

(b) One hundred and eighty (180) days after the effective date of this Subpart, the use of any alternative solvent that has not been approved, by the department, for use in dry cleaning equipment is prohibited.

(c) After December 31, 2021, the following equipment and operations are prohibited:

(1) all alternative solvent transfer machine dryers without a primary control system;

(2) all solvent dip tanks and solvent drying cabinets; and

(3) all water proofing operations in any vented machine.

(d) After December 31, 2026, the operation of any alternative solvent recovery dryer that vents to the outdoor atmosphere or workroom at any time other than when a vacuum pump is exhausting to maintain a continuous vacuum is prohibited.

(e) After December 31, 2031, the operation of any alternative solvent transfer machine in which washing, washing with extraction, extraction, or drying is performed in a single machine that requires the transfer of articles from one machine to another to complete the dry cleaning process is prohibited.

§ 232-3.3 Equipment standards and specifications.

(a) Specific equipment standards and emission control specifications:

(1) Primary control systems. Water cooled and refrigerated condensers installed on the equipment specified in subdivision (b) of this section must meet the following requirements:

(i) Water cooled condensers must be equipped with temperature gauges, installed in the inlet and outlet water lines of the condensing coils, and operated to maintain the temperature difference specified by the manufacturer.

(ii) Refrigerated condensers must be equipped with the following:

(a) high and low pressure gauges to monitor the proper operation of the condenser during the drying phase of the dry cleaning cycle; and

(b) a drying sensor/controller designed to reduce the solvent vapor concentration by at least 95 percent by weight based upon the amount of solvent entering and exiting the control device.

(2) Optional secondary control systems installed on the equipment specified in subdivision (b) of this section must meet the following requirements:

(i) be designed to function in conjunction with a compliant primary control system; and

(ii) carbon adsorbers must be designed for non-contact steam, or hot air stripping, and must be stripped or desorbed in accordance with manufacturer's recommendations and at least weekly.

(3) New Source Performance Standards. All petroleum transfer machine dryers installed after December 14, 1982 at dry cleaning facilities with a total machine drying capacity greater than 84 pounds, or installed between December 14, 1982 and September 21, 1984 for facilities with an annual petroleum consumption rate greater than 4,700 gallons, shall be solvent recovery dryers and meet the requirements of 40 CFR Part 60 Subpart JJJ.

(b) Alternative solvent dry cleaning machines.

(1) New machine requirements. Unless machines are relocated as allowed under subparagraph (i) of this section, only new compliant non-vented, closed-loop alternative solvent dry cleaning machines that are equipped with a refrigerated condenser may be installed and thereafter operated after the effective date of this Subpart. A secondary control system that meets the requirements of section 232-3.3(a)(2) of this Subpart is optional. No used, converted or retrofitted equipment may be installed.

(i) Relocated machines. Owners of permitted or registered dry cleaning facilities may relocate from the facility any "used" alternative solvent dry cleaning machines, that are less than 10 years old and otherwise meet the "new" machine requirements of paragraph 232-3.3(b)(1) of this subdivision, to any facility under the same ownership if the facility meets all other applicable requirements and a new or modified air permit or registration is first obtained.

(2) Existing machine requirements. Compliant alternative solvent dry cleaning equipment installed prior to the effective date of this Subpart and listed in subparagraphs (i), (ii) or (iii) of this paragraph must be operated as specified. Machines that are in need of replacement or removed from service may only be replaced with exempt equipment or a new perc or new alternative solvent machine allowed under this Part.

(i) Washing, washing and extracting, and extracting transfer machines may be operated until December 31, 2031. Thereafter, these washing, washing and extracting, and extracting transfer machines must be removed from service.

(ii) Transfer machine dryers may be operated as specified below:

(a) Dryers without a primary control system may be operated until December 31, 2021. Thereafter, these uncontrolled dryers must be removed from service.

(b) Solvent recovery dryers that vent to the outdoor atmosphere or workroom, at any time other than when a vacuum pump is exhausting to maintain a continuous vacuum, may be operated until December 31, 2026. Thereafter, these vented solvent recovery dryers must be removed from service.

(c) Non-vented, closed-loop solvent recovery dryers that are equipped with a refrigerated condenser may be operated until December 31, 2031. Thereafter, these non-vented solvent recovery dryers must be removed from service.

(iii) Non-vented, closed-loop dry cleaning machines that are equipped with a refrigerated condenser may be operated until in need of replacement.

§ 232-3.4 Operator leak inspection and self-monitoring.

(a) Leak check requirements. The following applicable components must be inspected weekly for perceptible liquid and vapor leaks and for proper operation, as required by section 232-3.5 of this Subpart, during that portion of the machine cycle that the component is utilized. The status of each applicable component must be recorded on a checklist supplied by the department along with the date of inspection and inspector's initials. Completed checklists must be kept on-site for at least five years from the date of inspection.

(1) hose and pipe connections, fittings, couplings and valves;

(2) door gaskets and seatings;

(3) filter gaskets and seatings;

(4) pumps;

(5) solvent (including spent solvent) tanks and containers;

(6) water separators;

(7) muck cookers;

(8) stills;

(9) exhaust dampers;

(10) diverter valves; and

(11) cartridge filter housings.

(b) Any perceptible leak, or malfunction, that has been detected by the operator must be noted on the checklist and repaired immediately, if possible. If the leak cannot be repaired at the time of detection, the leaking component must be physically marked or tagged in a manner that is readily observable and repaired within 24 hours of detection, unless repair parts are unavailable. Should repair parts be unavailable, the machine must be repaired as soon as practically possible.

(c) The operator must inspect the water cooled condensers on all dry cleaning equipment each week to ensure proper operation and record the high and low temperature readings and temperature differential on the checklist.

(d) The operator must inspect the refrigerated condenser on all dry cleaning equipment each week to ensure proper operation and record the high and low pressure readings on the checklist.

(e) Preparedness and prevention equipment, as required in section 232-3.5(d) of this Subpart, must be inspected weekly to ensure proper operation and maintenance. All emergency response and corrective measures taken must be noted on the action log, along with the date and time of the incident.

(f) All uncontainable releases, fires or explosions must be reported immediately to the department and appropriate emergency response agencies.

§ 232-3.5 Operation and maintenance.

(a) Dry cleaning equipment must be maintained and operated to minimize the release of solvent to the environment.

(b) All components of each dry cleaning system must be operated and maintained in accordance with the requirements of this Subpart and any conditions that may be specified on a facility's operating permit. For operations not specifically addressed, the components must be operated and maintained in accordance with the manufacturer's recommendations.

(c) Dry cleaning equipment must be operated, maintained and monitored to comply with the following requirements, as applicable:

(1) Water cooled condensers must be maintained and monitored weekly to ensure the control system operates within the high and low temperature limits specified by the manufacturer.

(2) Refrigerated condensers must be maintained and monitored weekly to ensure the control system operates within the high and low pressure limits specified by the manufacturer.

(3) Optional carbon adsorbers must be operated and maintained to ensure that exhaust gases are recirculated at the operating temperature specified by the manufacturer for optimum adsorption.

(4) The exhaust damper of a vented machine must be completely closed when the machine is not vented. If malfunctioning, the damper must be repaired or replaced within five working days of detection.

(5) Prior to disposal, cartridge filters and adsorptive cartridge filters must be handled using one of the following methods specified in subparagraphs (i) or (ii):

(i) Drained in the filter housing for no less than 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of solvent, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. When performing such a transfer, the filter housing must be closed as soon as possible to minimize vapor leaks.

(ii) Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of solvent contained in the filter.

(6) All steam and condensing coils must be maintained free of lint and hard lint build-up on interior surfaces.

(7) All filter muck must be treated in a still or muck cooker that routes solvent-contaminated vapors through a condenser and then recycles condenser vapors back into the machine. Still and muck cooker emissions must not be vented into the facility nor operated in a manner that exceeds 75 percent of the rated capacity or other alternate value recommended by the manufacturer. Still and muck cookers must be cooled to 100° F (38° C) or less before being emptied or cleaned.

(8) Button and lint traps must be cleaned each working day and the lint must be placed in a tightly sealed container. Operations must be performed so that the opening, and subsequent closing, of such traps is done as quickly as possible to minimize solvent vapor emissions.

(9) All parts of the dry cleaning system, including solvent containers, must be kept closed at all times except when access is required for proper operation and maintenance.

(10) Wastewater treatment units managing solvent-contaminated wastewater must be operated and managed in accordance with Parts 360 through 374 and Part 376 of this Title, as applicable.

(i) Carbon filtration units - carbon cartridges must be replaced according to the schedule specified by the manufacturer.

.

(ii) Evaporators - evaporators treating solvent-contaminated wastewater must be operated to ensure that no liquid solvent or visible emulsion is allowed to vaporize.

(d) Preparedness and prevention.

(1) All dry cleaning operations must be equipped with the following:

(i) adequate spill control equipment including sorbent materials, or alternative method for absorbing spills;

(ii) vapor-proof containers for storing spill-contaminated material; and

(iii) fire control equipment.

(2) Sufficient aisle space must be maintained to allow for proper inspection of the dry cleaning equipment.

(3) A reasonable supply of commonly replaced spare parts for repairing dry cleaning equipment must be available at the dry cleaning facility.

§232-3.6 Reporting and recordkeeping.

(a) Operators of all alternative solvent dry cleaning equipment must record the following on checklists supplied by the department:

(1) the date, duration and nature of any malfunction, spill, incident, or emergency response at the facility as outlined in subdivision 232-1.5(d) of this Part; and

(2) the date and volume of any hazardous waste shipments, if applicable.

(b) Each owner or operator of a dry cleaning facility with any alternative solvent transfer machine(s) must maintain on-site, and provide upon request, a five year record and log showing the following information:

(1) Receipts of solvent purchases;

(2) The volume of solvent purchased each month as recorded from purchases; and

(3) The owner or operator must perform the following calculation and record the result on the first day of every month:

(i) sum the volume of all solvent purchases made in each of the previous twelve months, as recorded in the log described in paragraph (1) of this subdivision;

(ii) if no solvent purchases were made in a given month, then the solvent consumption for that month is zero gallons; and

(iii) the yearly solvent consumption is the sum of all purchases made in each of the previous twelve months. Should the yearly solvent consumption from a non-major dry cleaning facility exceed 6,000 gallons, the facility owner or operator may need to obtain a Title V permit as required by Subpart 232-1 of this Title. For facilities that are not required to obtain a Title V permit, a state facility permit is required if the yearly solvent consumption equals or exceeds 3,000 gallons.

(c) Operators of dry cleaning equipment must record the leak and inspection information required in section 232-3.4 of this Subpart and specify the name and location of the dry cleaning system components where any perceptible leaks are detected.

(d) Each owner or operator of dry cleaning equipment must retain on-site a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.

(e) All records must be maintained, on-site, for at least five years and must be made available to the department upon written or verbal request.

§ 232-3.7 Equipment testing, training and documentation.

(a) Testing and training requirements. The provisions of this section are applicable six months after the effective date of this Subpart.

(1) It is unlawful for any person to sell, offer for sale, cause to be offered for sale, or lease any new alternative solvent dry cleaning machine to be installed in New York State unless the model has been tested by the manufacturer and found to comply with the design and performance standards in section 232-3.3 of this Subpart.

(2) The manufacturer or vendor of any new alternative solvent dry cleaning machine, installed after the effective date of this Subpart, must provide immediate notification to the department should any generic design or functional defect be discovered. Such notice must include a detailed plan to remedy the design or functional defect.

(3) After any new alternative solvent dry cleaning machine is installed at a facility, the manufacturer or manufacturer's representative must conduct an on-site training session for the purchaser or lessee. The training session must include instruction on how to maintain and operate the dry cleaning machine.

(b) Required equipment documentation and services.

(1) The manufacturer or vendor of any new alternative solvent dry cleaning machine, proposed to be installed in New York State, must make the following documents available to the department upon request. Separate documentation must be available for each dry cleaning equipment model.

(i) A copy of the design specifications and operating manual, written in plain language, covering the use and maintenance of the equipment with parts and service information; and

(ii) such other material or information as the department may require to ascertain compliance with the requirements of this Subpart.

(2) Each manufacturer or vendor of any new alternative solvent dry cleaning machine that is installed in New York State must make available certain calibration services to the user facility for at least five years from the date of any installed machine. These services apply to any sensors and integral measuring devices that are crucial for machine performance and compliance with the requirements of this Subpart.

(3) Each manufacturer must provide, and every owner or operator must retain, on-site, a copy of the design specifications and operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.

§232-3.8 Approved alternative solvents

(a) Approval Criteria. One hundred and eighty (180) days after the effective date of this Subpart, any alternative solvent used in any dry cleaning machine in New York State must be an approved alternative solvent. Approval shall be granted by the department if sufficient information, as described under subdivision (c), is provided by the solvent manufacturer to demonstrate that the solvent meets the following criteria:

(1) The solvent has a flash point at or above 140° F;

(2) The solvent toxicity can be classified as meeting the criteria for a Low or Moderate Toxicity Air Contaminant as defined under Part 212 of this Title; and

(3) The composition of the manufactured solvent has an acceptable batch-to-batch consistency as demonstrated in the laboratory analyses of five (5) independent batch samples.

(b) Listing Publication. The list of approved alternative solvents shall be published in the Environmental Notice Bulletin and on the department's web site. Proposed changes to this list shall be noticed in the bulletin with a 30 day comment period. Unless significant adverse comments are received by the department, the proposed changes shall then become effective upon publication on the department's web site.

(c) Approval Process. Any manufacturer of an alternative solvent must submit the following information to the department to request approval of the solvent for use in any dry cleaning equipment used in New York State. After approval, should the chemical formulation of the solvent be modified, the alternative solvent must be resubmitted for approval. The department will issue all proposed determinations of approval within 90 days of receipt of a complete submission.

(1) The Chemical Abstract Service (CAS) number(s) of the alternative solvent and any applicable individual chemical species that may comprise the solvent mixture. For a solvent mixture, the percent contribution of each individual chemical specie, that equals or exceeds 0.1 percent by weight (1000 ppm) of the alternative solvent, must be identified and quantified.

(2) The flash point and other physical and chemical properties of the solvent and of all of its components.

(3) A characterization of the batch to batch uniformity of the solvent's chemical composition including any Quality Assurance and Quality Control (QA/QC) related product standards and procedures used by the manufacturer to assure its uniformity. At least five independent laboratory analysis reports must be submitted that quantify the alternative solvent's full chemical composition and demonstrate that each batch sample meets the approval criteria specified in Subdivision (a).

(4) The results of toxicity tests (e.g., acute, subchronic, genotoxicity, etc.) in animals or cell cultures that have been conducted with the product or components as required by federal law.

(5) Any information on environmental fate (e.g., an atmospheric half life, degradation in water, etc.).

(6) Any toxicity and/or exposure information submitted to the U.S. Environmental Protection Agency (EPA) under the Toxics Substance Control Act (TSCA) concerning this product or its components.

(d) Solvent conformity test. After an alternative solvent has been approved for use in New York State, the department may periodically require that the manufacturer retest the solvent to verify that the chemical composition of the approved alternative solvent has not changed.

6 NYCRR Subpart 232-4, Severability

§ 232-4.1 Severability.

Each provision of this Part shall be deemed severable, and in the event that any provision of this Part is held to be invalid, the remainder of this Part shall continue in full force and effect.


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