Phase Out Perc Dry Cleaning

Section 1. Article 19 of the environmental conservation law is amended by adding a new title 13 to read as follows:

TITLE 13

PERCHLOROETHYLENE DRY CLEANING FACILITIES Section 19-1301. Definitions.

19-1303. Variances.

19-1305. Prohibitions.

19-1307. Pre-permitting requirements for existing facilities.

19-1309. Equipment standards and specifications.

19-1311. Leak inspection and self monitoring requirements.

19-1313. Operation and maintenance requirements.

19-1315. Perc-contaminated wastewater management.

19-1317. Hazardous waste management.

19-1319. Emergency response.

19-1321. Reporting and recordkeeping.

19-1323. Equipment testing and certification.

19-1325. Dry cleaning owner/manager, operator and inspector

training and certification.

19-1327. Permitting.

19-1329. Compliance inspections.

19-1331. Equivalency.

19-1333. Posting notice.

19-1335. Severability. § 19-1301. Definitions.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04972-01-7

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For the purpose of this title, the following definitions shall apply:

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

(2) Ancillary equipment. The equipment used with a dry cleaning machine in a dry cleaning system including, but 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.

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

(4) Azeotropic control device. A dry cleaning control system where perc emissions from the dry cleaning machine are first cooled and condensed, and are then treated with water to further displace perc from the articles upon being returned to the dryer, condenser, and solvent storage tank. There is no exhaust to the atmosphere during the drying cycle.

(5) 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.

(6) Cartridge filter. A replaceable cartridge filter 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: standard filter, split filters, "jumbo" filters, and all carbon polishing filters.

(7) Closed-loop machine. Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit (also known as a dry-to-dry unit) and which recirculates perc-laden vapor through a primary control system (e.g. refrigerated condenser) with no exhaust to the atmosphere during the drying cycle. A closed-loop machine may allow for venting to the ambient air through a local exhaust ventilation system, such as a door fan, after the drying cycle is complete and only while the machine door is open.

(8) Co-located. Sharing a common wall, floor, or ceiling with a residence or business.

(9) Colorimetric detector tube. A glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perc and is designed to measure the concentration of perc in air.

(10) Commercial building. Any building where only commercial business is conducted, such as an office building or strip mall.

(11) 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.

(12) Converted machine. An existing vented machine that has been modified to be a closed-loop machine by eliminating the aeration step, installing a primary control system, and providing for recirculation of the perc-laden vapor with no exhaust to the atmosphere or workroom during the drying cycle. A converted machine may allow for venting to the ambient air through a local exhaust ventilation system, such as a door fan, after the drying cycle is complete and only while the machine door is open.

(13) Cool-down. The portion of the drying cycle that begins when the heating mechanism deactivates and the refrigerated condenser continues

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to reduce the temperature of the air recirculating through the drum to reduce the concentration of perc in the drum.

(14) Desorption. Regeneration or stripping of an activated carbon bed, or any other type of vapor adsorber by removal of the adsorbed solvent using hot air, steam, or other means.

(15) Dip tank. A separate tank that contains perc and is used for purposes other than dry cleaning (e.g. waterproofing).

(16) 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.

(17) Door fan. A local exhaust ventilation system designed to provide for a minimum 100 fpm inward air velocity or equivalent into the effective door open area of a dry cleaning machine whenever the door is opened, and where the perc emissions are controlled by a carbon adsorber or equivalent control prior to venting to the outer air.

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

(19) Dry cleaning. The process used to remove soil, greases, paints and other unwanted substances from articles with the use of perc.

(20) Dry cleaning control system. Equipment (e.g. carbon adsorber, refrigerated condenser, azeotropic unit, 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.

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

(22) Dry cleaning facility. An establishment with one or more dry cleaning systems.

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

(24) Drying cabinet. A housing in which materials that have been previously dry cleaned in perc are dried instead of being dried by tumbling in a dry cleaning machine.

(25) Drying cycle. The operation used to actively remove the perc remaining in the materials after washing and extraction. For closed-loop machines, the heated portion of the cycle is followed by cool-down and may be extended beyond cool-down 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.

(26) Drying sensor. A device that senses when articles being cleaned are relatively dry and automatically controls the drying cycle. Drying sensors include but are not limited to: infrared analyzers, float switches, and resistance probes. The device detects the concentration of synthetic solvents in the drying air or that the liquid solvent recovery rate is at a minimal rate. The drying sensor extends the drying cycle for a minimum time beyond the activation point to dry articles.

(27) Dry-to-dry machine. A one-machine dry cleaning operation in which drying and washing are performed in the same machine.

(28) 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

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the drying cycle and exhausted to the outdoor atmosphere, either directly or through a control device (2nd generation equipment).

(29) Environmental training program. An initial course or a refresher course of the environmental training program, for owners and operators of perc dry cleaning operations that has been authorized by the department.

(30) Equivalent closed-loop vapor recovery system. A device or combination of devices that achieves, in practice, a perc recovery performance equal to or exceeding that of refrigerated condensers.

(31) Existing facility. Any facility that was permitted by this title or at which dry cleaning equipment was operated prior to the effective date of this title.

(32) Facility. Any structure or building or group of structures or buildings located, owned by one person, and located on the same parcel or contiguous parcels, in which perc dry cleaning equipment is operated or set up to operate.

(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 (reclaiming) take place in separate machines with the manual transfer of articles from one machine to another.

(35) Fourth generation equipment. A primary closed-loop refrigerated dry cleaning machine that has a "secondary control system" (i.e. closedloop refrigerated condenser with a drying sensor and an integral carbon adsorber).

(36) fpm. Feet per minute.

(37) Fugitive emissions. Those emissions of regulated air contaminants which could not reasonably pass through a stack, chimney, vent or other functionally-equivalent openings.

(38) Full-time employee. Any person who is employed at the dry cleaning facility and averages at least thirty hours per week in any ninetyday period.

(39) Full-size carbon unit. A carbon unit that is used to adsorb perc from a dry cleaning machine when the vapors are recirculating or venting from the drum during the drying cycle. (Normally used on first and second generation equipment).

(40) General exhaust ventilation system. A mechanical exhaust ventilation system consisting of fresh air make-up inlets and one or more exhaust fans in a dry cleaning facility, that primarily exhausts a dry cleaning workroom; also used with a room enclosure.

(41) Halogenated-hydrocarbon detector. A portable device capable of detecting vapor concentrations of perc and indicating an increasing concentration by emitting an audible signal or visual indicator that varies as the concentration changes.

(42) Liquid leak. A leak of liquid containing perc of more than one drop every three minutes.

(43) Local exhaust ventilation system. A mechanical exhaust ventilation system connected directly to vent a dry cleaning machine or other related dry cleaning equipment. For example, the exhaust system on a door fan for a third generation machine.

(44) Major source. A dry cleaning facility that emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perchloroethylene to the atmosphere. In lieu of measuring a facility's potential to emit perchloroethylene emissions or determining a facility's potential to emit perchloroethylene emissions, a dry cleaning facility is a major source if: (a) it includes only dry-to-dry machines

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and has a total yearly perchloroethylene consumption greater than 8,000 liters (2,100 gallons) or, (b) it includes only transfer machine systems or both dry-to-dry machines and transfer machine systems and has a total yearly perchloroethylene consumption greater than 6,800 liters (1,800 gallons).

(45) Mixed-use facility. A facility that is co-located.

(46) Muck cooker. A device for heating filter muck to drive off perc vapors for reclaiming.

(47) New facility. A facility that was not used for the operation of any dry cleaning equipment prior to the effective date of this title.

(48) Occupancy. Any building or part of a building, excluding the dry cleaning facility.

(49) Openings. Any window, door or air intake.

(50) Perceptible leak. Any perc vapor or liquid leaks that are obvious from the odor of perc, pools or droplets of perc or the detection of gas flow by passing a finger over the surface of the equipment, or as detected by an appropriate portable monitoring instrument.

(51) Perc. A colorless volatile chlorinated hydrocarbon. Perc is also known as tetrachloroethylene and PCE. The chemical formula for perc is C1{2}C:CC1{2}. The CAS registry number for perc is 00127-18-4.

(51-a) Perc-based dry cleaning facility. All equipment, devices or apparatus associated with perc dry cleaning operations, including but not limited to: dry cleaning equipment; filter or purification systems; waste holding, treatment or disposal systems; perchloroethylene supply systems; dip tanks, pumps, gaskets, piping, ducting, fittings, valves or flanges that convey perc-contaminated air; and dry cleaning control systems.