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Fact Sheet - Proposed Changes to 6 NYCRR Part 232 (Updated 4-27-2017)

The New York State Department of Environmental Conservation (Department) is proposing to repeal and replace 6 NYCRR Part 232 (Perchloroethylene Dry Cleaning Facilities) with a revised and retitled Part 232 regulation (Dry Cleaning Facilities) that regulates both perchloroethlyene (perc) and alternative solvent dry cleaning facilities.

  1. The proposed revised regulation will contain four subparts:
    1. Subpart 232-1 for "General Provisions";
    2. Subpart 232-2 for "Perchloroethylene Dry Cleaning Equipment";
    3. Subpart 232-3 for "Alternative Solvent Dry Cleaning Equipment". Alternative solvent dry cleaning machines that were previously regulated under 6 NYCRR Part 212, "General Process Emission Sources", are proposed to be regulated under revised Part 232; and
    4. Subpart 232-4 for Severability.
  2. Subpart 232-1, "General Provisions": This new subpart will consolidate and clarify applicable definitions, as well as, spill containment, solid and hazardous waste management, emergency response, permitting and posting notice requirements for all dry cleaning equipment.
    1. A new posting notice requirement will be added for alternative dry cleaning solvents. This is in addition to the existing posting notice requirement that is already mandated for the operation of perc dry cleaning equipment.
  3. Subpart 232-2, "Perchloroethylene Dry Cleaning Equipment":
    1. The requirements for perc dry cleaning equipment will be modified for consistency with the "National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities" (40 CFR Part 63, Subpart M). These modifications will include the incorporation of the existing federal ban on the installation of perc dry cleaning machines in residential buildings after December 21, 2005 and the required removal of all perc dry cleaning machines from residential buildings by December 21, 2020;
    2. Obsolete language, that is associated with phased-out equipment, will be removed;
    3. We propose to replace the Department's certification program, for perc dry cleaning machine models, with a required manufacturer's Statement of Compliance for machine models not previously certified by the Department. Statements of Compliance are to be issued by the manufacturer, or manufacturer's representative, to affirm compliance with the proposed regulation's perc machine performance standards. After adoption, only perc dry cleaning machines models previously certified by the Department or those which have been issued a manufacturer's Statement of Compliance may be installed in New York State;
    4. To achieve greater perc emission reductions, older perc machines without an integral secondary control system (third generation machines), will be phased-out by December 31, 2021;
    5. To improve the enforceability of the regulation's drum concentration emission standards, and to clarify existing requirements, we propose to ban the installation of door fan control systems. Non-compliant fourth generation machines with installed door fans do not achieve the same emission reductions as would a dry cleaning machine restored to original operating condition;
    6. To improve year-round compliance in locations where higher exposure to building residents or occupants may occur, monthly operator machine drum testing, for fourth generation perc dry cleaning machines, will be required at co-located residential and commercial facilities; and
    7. To soften the economic impact of the pending, December 21, 2020, federal ban on the operation of perc machines at co-located residential facilities, variances will be granted to allow for the relocation of used, compliant, fourth generation perc dry cleaning machines, that are less than 10 years old, to new stand-alone locations under the same ownership.
  4. Subpart 232-3, "Alternative Solvent Dry Cleaning Equipment":
    1. Changes will be made to allow for consistency with the "Standards of Performance for Petroleum Dry Cleaners" (40 CFR Part 60, Subpart JJJ). Since the requirements for new petroleum dry cleaning machines, as proposed in Part 232, will exceed the Subpart JJJ requirements, the changes to Part 232 will only include a reference to Subpart JJJ to regulate petroleum transfer machine dryers installed after December 14, 1982
    2. To establish clear regulatory requirements, an approval process will be adopted for alternative dry cleaning solvents. Unapproved alternative solvents will be prohibited from use in dry cleaning equipment one hundred and eighty (180) days after the effective date of this Subpart;
    3. To reduce Volatile Organic Carbon (VOC) and/or other air contaminant emissions, we propose to incrementally phase out all alternative solvent transfer machines by December 31, 2031. Transfer machines are typically older, single function, machines (e.g., washers, extractors and dryers) that have vapor emissions associated with the transfer of articles from one machine to another and often are without any emission control system;
    4. To ensure that installed alternative solvent dry cleaning machines are designed to meet the proposed regulation's equipment standards, we propose to adopt equipment standards and specifications for the installation and operation of alternative solvent dry cleaning machines;
    5. To ensure that dry cleaning equipment is in good working order and to minimize potential fugitive emissions, we propose to adopt operator leak inspection and self-monitoring requirements, operation and maintenance requirements, and record keeping requirements for alternate solvent dry cleaning machines;
    6. To ensure that alternative solvent dry cleaning machines meet the revised regulation's design and performance standards, we propose to adopt manufacturer equipment testing requirements for alternative solvent dry cleaning machines; and
    7. To help offset the adverse economic impact on alternative solvent dry cleaners that relocate their businesses as a result of the proposed changes, we propose to allow the relocation of used compliant alternative solvent dry cleaning machines, that are less than 10 years old, from a permitted dry cleaning facility to any facility under the same ownership, if the facility meets all other applicable requirements and a new or modified air permit is first obtained.
  5. Subpart 232-4, "Severability":
    1. In the event that any provision of this Part is held to be invalid, a severability subpart will be added to ensure that the remainder of this Part shall continue in full force and effect.

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