S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5846

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, ORTIZ, SEMINERIO -- Multi-Sponsored by
  -- M. of A. CLARK, GREENE, HOOPER, PERRY -- read once and referred  to
  the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lating perchloroethylene dry cleaning facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  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.
S 19-1301. DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08950-01-9
              

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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  POLISH-
ING 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 VENTI-
LATION 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 RESI-
DENCE 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 MODI-
FIED  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

A. 5846                             3

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  EFFEC-
TIVE  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 WASH-
ING, 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

A. 5846                             4

THE DRYING CYCLE AND EXHAUSTED TO THE OUTDOOR ATMOSPHERE, EITHER DIRECT-
LY 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 DEPART-
MENT.
  (30) EQUIVALENT CLOSED-LOOP VAPOR RECOVERY SYSTEM. A DEVICE OR  COMBI-
NATION  OF  DEVICES THAT ACHIEVES, IN PRACTICE, A PERC RECOVERY PERFORM-
ANCE 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.
CLOSED-LOOP 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  CLEAN-
ING  FACILITY AND AVERAGES AT LEAST THIRTY HOURS PER WEEK IN ANY NINETY-
DAY 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  VENTI-
LATION  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 VENTI-
LATION 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 FACILI-
TY'S POTENTIAL TO  EMIT  PERCHLOROETHYLENE  EMISSIONS,  A  DRY  CLEANING
FACILITY  IS A MAJOR SOURCE IF: (A) IT INCLUDES ONLY DRY-TO-DRY MACHINES

A. 5846                             5

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.
  (52)  PERC-CONTAMINATED WASTEWATER EVAPORATOR. A DEVICE THAT VAPORIZES
WASTEWATER THROUGH THE ADDITION OF THERMAL ENERGY, OR  THROUGH  PHYSICAL
ACTION.
  (53) PPB. PARTS PER BILLION BY VOLUME IN AIR OR BY WEIGHT IN WATER.
  (54) PPM. PARTS PER MILLION BY VOLUME IN AIR OR BY WEIGHT IN WATER.
  (55)  PRIMARY  CONTROL  SYSTEM. A REFRIGERATED CONDENSER, OR AN EQUIV-
ALENT CLOSED-LOOP VAPOR RECOVERY SYSTEM APPROVED BY THE DEPARTMENT.
  (56) PROCESS VENTILATION EMISSION. AN EMISSION FROM ANY  DRY  CLEANING
MACHINE  NORMALLY  VENTED TO THE OUTER AIR; THAT OCCURS DURING THE AERA-
TION CYCLE AND ALSO WHEN THE MACHINE DOOR IS OPEN; EXCLUDING  DOOR  FANS
ON AZEOTROPIC AND THIRD GENERATION EQUIPMENT.
  (57)  REFRIGERATED CONDENSER. A CLOSED-LOOP VAPOR RECOVERY SYSTEM INTO
WHICH PERC VAPORS ARE CONDENSED BY COOLING BELOW THE DEW  POINT  OF  THE
PERC USING A MECHANICAL REFRIGERATED SYSTEM.
  (58)  RESIDENTIAL  BUILDING.  ANY  DWELLING  OR HOUSING THAT IS OWNED,
RENTED, OR OCCUPIED BY THE SAME PERSON  FOR  A  PERIOD  OF  ONE  HUNDRED
EIGHTY  DAYS  OR  MORE IN A YEAR, EXCLUDING SHORT-TERM HOUSING SUCH AS A
MOTEL OR HOTEL ROOM RENTED AND OCCUPIED BY THE SAME PERSON FOR A  PERIOD
OF LESS THAN ONE HUNDRED EIGHTY DAYS.
  (59)  ROOM ENCLOSURE. A ROOM THAT ENCLOSES THE DRY CLEANING MACHINE OR
EQUIPMENT. IT IS CONSTRUCTED OF MATERIAL THAT IS IMPERMEABLE TO PERC AND
DESIGNED AND OPERATED TO MAINTAIN NEGATIVE PRESSURE AT  ALL  TIMES  THAT
THE  EQUIPMENT  IS  OPERATING  AND IS USED WITH A GENERAL EXHAUST VENTI-
LATION SYSTEM.
  (60) SECOND GENERATION EQUIPMENT.  DRY-TO-DRY  VENTED,  UNREFRIGERATED
DRY  CLEANING  MACHINES  PROPERLY  VENTED  TO A CONTROL DEVICE SUCH AS A
CARBON ADSORBER, OR AZEOTROPIC CONTROL DEVICE PLUS A SMALL CARBON ADSOR-
BER, OR EQUIVALENT.

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  (61) SECONDARY CONTROL SYSTEM. A DEVICE OR APPARATUS THAT REDUCES  THE
CONCENTRATION  OF PERC IN THE RECIRCULATING AIR AT THE END OF THE DRYING
CYCLE BEYOND THE LEVEL ACHIEVABLE WITH A REFRIGERATED  CONDENSER  ALONE.
(E.G. INTEGRAL CARBON ADSORBER USED IN FOURTH GENERATION EQUIPMENT).
  (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.
  (62)  SELF-SERVICE  DRY  CLEANING MACHINE. A PERC DRY CLEANING MACHINE
THAT IS LOADED, ACTIVATED, OR UNLOADED BY THE CUSTOMER.
  (63) SMALL CARBON ADSORBERS. A CARBON UNIT THAT IS USED TO ADSORB PERC
FROM THE MACHINE DRUM WHEN THE MACHINE DOOR IS OPENED TO REMOVE  CLOTHES
AT  THE  END  OF THE DRYING CYCLE, (E.G. ADSORBERS USED TO CONTROL EMIS-
SIONS FROM SUPPLEMENTAL DOOR FANS AND AZEOTROPIC CONTROL DEVICES).
  (64) SOLVENT MILEAGE. THE  AVERAGE  WEIGHT  OF  ARTICLES  CLEANED  PER
VOLUME OF PERC USED.
  (65)  SOLVENT  TANK. ANY CONTAINER THAT IS USED TO STORE PERC PRIOR TO
USE IN THE DRY CLEANING OPERATION AND FROM WHICH THE PERC IS  INTRODUCED
INTO THE DRUM OF THE MACHINE AT THE START OF THE CLEANING CYCLE.
  (66) STAND-ALONE FACILITY. A FACILITY THAT IS NOT CO-LOCATED.
  (67) STILL. DISTILLATION EQUIPMENT USED TO VOLATILIZE AND RECOVER PERC
FROM CONTAMINATED SOLVENT REMOVED FROM THE CLEANED MATERIALS.
  (68)  THIRD  GENERATION  EQUIPMENT. A CLOSED-LOOP DRY CLEANING MACHINE
EQUIPPED WITH A  REFRIGERATED  CONDENSER  OR  OTHER  EQUIVALENT  PRIMARY
CONTROL SYSTEM.
  (69)  TRAINED OPERATOR. A PERSON WHO HOLDS A CERTIFICATE OF COMPLETION
FOR THE INITIAL COURSE OF AN ENVIRONMENTAL TRAINING  PROGRAM  AND  MAIN-
TAINS  HIS OR HER STATUS BY SUCCESSFULLY COMPLETING REFRESHER COURSES AS
REQUIRED.
  (70) TRANSFER MACHINE. PERC DRY CLEANING EQUIPMENT  IN  WHICH  WASHING
AND  EXTRACTION  ARE  PERFORMED IN ONE UNIT AND DRYING IS PERFORMED IN A
SEPARATE UNIT (1ST GENERATION EQUIPMENT).
  (71) VAPOR ADSORBER. A BED OF ACTIVATED CARBON OR OTHER ADSORBENT INTO
WHICH VAPORS ARE INTRODUCED AND TRAPPED FOR SUBSEQUENT DESORPTION.
  (72) VAPOR BARRIER. A MATERIAL SURFACE OR COATING THAT IS  IMPERMEABLE
TO PERC.
  (73)  VAPOR  LEAK.  A  FUGITIVE EMISSION OF PERC VAPOR FROM UNINTENDED
OPENINGS IN THE DRY CLEANING SYSTEM. A VAPOR LEAK CAN BE INDICATED BY  A
RAPID  AUDIBLE  SIGNAL  OR  VISUAL SIGNAL FROM A HALOGENATED-HYDROCARBON
DETECTOR OR OTHER APPROVED INSTRUMENT.
  (74) WATER SEPARATOR. A VESSEL THAT USES GRAVITY TO  PHYSICALLY  SEPA-
RATE LIQUID PERC FROM LIQUID WATER.
S 19-1303. VARIANCES.
  (1) UNLESS OTHERWISE PRECLUDED BY FEDERAL LAW OR SUBDIVISION 4 OF THIS
SECTION,  THE  DEPARTMENT  MAY, UPON WRITTEN APPLICATION FROM ANY PERSON
WHO IS SUBJECT TO THIS TITLE, GRANT A VARIANCE FROM ONE OR MORE SPECIFIC
PROVISIONS OF THIS TITLE UNDER THE CONDITIONS SET FORTH IN THIS SECTION;
PROVIDED, HOWEVER, THAT VARIANCES SHALL ONLY  BE  GRANTED  UNDER  EXCEP-
TIONAL OR EXTRAORDINARY CIRCUMSTANCES.
  (2) EVERY APPLICATION FOR A VARIANCE MUST:
  (A)  IDENTIFY THE SPECIFIC PROVISIONS OF THIS TITLE FROM WHICH A VARI-
ANCE IS SOUGHT;
  (B) DEMONSTRATE THAT COMPLIANCE WITH THE IDENTIFIED PROVISIONS  WOULD,
ON  THE  BASIS OF CONDITIONS UNIQUE TO THE PERSON'S PARTICULAR SITUATION
IN CONTRAST TO THE REST OF THE INDUSTRY OR ANY SEGMENT THEREOF, TEND  TO

A. 5846                             7

IMPOSE  AN UNREASONABLE ECONOMIC, TECHNOLOGICAL, OR SAFETY BURDEN ON THE
PERSON OR THE PUBLIC; AND
  (C)  DEMONSTRATE  THAT  THE PROPOSED ACTIVITY WILL HAVE NO SIGNIFICANT
ADVERSE IMPACT ON THE PUBLIC HEALTH, SAFETY, OR WELFARE, THE ENVIRONMENT
OR NATURAL RESOURCES AND WILL BE CONSISTENT WITH THE PROVISIONS OF  THIS
CHAPTER  AND  THE  PERFORMANCE EXPECTED FROM AN ACTIVITY PERMITTED UNDER
THE PROVISIONS OF THIS TITLE.
  (3) IN GRANTING ANY VARIANCE UNDER THIS  SUBDIVISION,  THE  DEPARTMENT
MAY  IMPOSE  SPECIFIC  CONDITIONS  NECESSARY  TO ASSURE THAT THE SUBJECT
ACTIVITY WILL HAVE NO SIGNIFICANT ADVERSE IMPACT ON THE  PUBLIC  HEALTH,
SAFETY, OR WELFARE, THE ENVIRONMENT OR NATURAL RESOURCES.
  (4) PHASE-OUT DATES FOR DRY CLEANING EQUIPMENT CANNOT BE EXTENDED BY A
VARIANCE.
S 19-1305. PROHIBITIONS.
  (1)  THE  USE  OF  ANY  DRY-TO-DRY VENTED OR NON-VENTED EQUIPMENT AS A
TRANSFER MACHINE IS PROHIBITED.
  (2) THE INSTALLATION OF SELF-SERVICE DRY CLEANING EQUIPMENT AFTER  THE
EFFECTIVE DATE OF THIS TITLE IS PROHIBITED.
  (3) THE USE OR OFFERING FOR USE OF SELF-SERVICE DRY CLEANING EQUIPMENT
SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE IS PROHIBITED.
  (4)  THE  USE  OF  IMMERSION  HEATERS  TO  EVAPORATE  SOLVENT FROM THE
UNTREATED WATER EFFLUENT OF SOLVENT WATER SEPARATORS IS PROHIBITED.
  (5) EXCEPT AS PROVIDED IN THIS TITLE, PRE-PERMITTING REQUIREMENTS, THE
COMMENCEMENT OF CONSTRUCTION OR MODIFICATION OF A DRY CLEANING  FACILITY
WITHOUT  FIRST  OBTAINING  A  VALID  PERMIT  ISSUED BY THE DEPARTMENT IS
PROHIBITED.
  (6) THE CONSTRUCTION OR OPERATION OF A DRY CLEANING  FACILITY  WITHOUT
FIRST OBTAINING A VALID PERMIT ISSUED BY THE DEPARTMENT IS PROHIBITED.
  (7)  VENTING OF PERC EMISSIONS FROM DRY CLEANING EQUIPMENT OR EMISSION
CONTROL DEVICES INTO THE WORKROOM OR FACILITY IS PROHIBITED.
  (8) NO NEW PERC-BASED DRY CLEANING FACILITIES SHALL BE PERMITTED WITH-
IN RESIDENTIAL BUILDINGS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
S 19-1307. PRE-PERMITTING REQUIREMENTS FOR EXISTING FACILITIES.
  EXISTING FACILITIES MUST COMPLY WITH  THE  FOLLOWING  REQUIREMENTS  IN
ACCORDANCE WITH THE TIMEFRAMES ESTABLISHED IN THIS SECTION IN ADVANCE OF
APPLYING  FOR  AND  OBTAINING PERMITS REQUIRED UNDER THIS SECTION. PRIOR
APPROVALS FROM THE DEPARTMENT ARE NOT NEEDED  FOR  CONSTRUCTION  OF  THE
ROOM  ENCLOSURE,  VAPOR BARRIER, OR CHANGES IN VENT STACK LOCATIONS. NEW
FACILITIES MUST COMPLY WITH ALL THE ITEMS CONTAINED IN THIS SECTION UPON
START-UP.
  (1) VAPOR BARRIERS AND GENERAL EXHAUST VENTILATION.
  (A) STAND-ALONE DRY CLEANING FACILITIES THAT ARE DESIGNATED  AS  MAJOR
SOURCES,  PURSUANT TO THE NATIONAL PERCHLOROETHYLENE AIR EMISSION STAND-
ARDS FOR DRY CLEANING FACILITIES UNDER 40 CFR 63  SUBPART  M,  AND  THAT
HAVE  TRANSFER  TYPE  MACHINES  SHOULD  HAVE CONTAINED ALL SUCH MACHINES
INSIDE ROOM ENCLOSURES BY SEPTEMBER TWENTY-THIRD,  TWO  THOUSAND  THREE.
EACH ROOM ENCLOSURE MUST BE:
  (I) CONSTRUCTED OF MATERIALS IMPERMEABLE TO PERCHLOROETHYLENE; AND,
  (II)  DESIGNED  AND  OPERATED  TO MAINTAIN A NEGATIVE PRESSURE AT EACH
OPENING AT ALL TIMES THAT THE MACHINE IS OPERATING.
  (B) CO-LOCATED DRY CLEANING FACILITIES MUST BE EQUIPPED WITH  A  VAPOR
BARRIER  OR  ROOM  ENCLOSURES AND GENERAL EXHAUST VENTILATION THAT MEETS
THE DESIGN AND PERFORMANCE REQUIREMENTS ESTABLISHED IN THIS TITLE BY THE
FOLLOWING DATES:
  (I) TRANSFER MACHINES - WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE  OF
THIS TITLE.

A. 5846                             8

  (II)  DRY-TO-DRY VENTED MACHINES - WITHIN FIFTEEN MONTHS OF THE EFFEC-
TIVE DATE OF THIS TITLE.
  (III) THIRD GENERATION DRY-TO-DRY MACHINES - WITHIN EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS TITLE.
  (IV)  FOURTH  GENERATION DRY-TO-DRY MACHINES - WITHIN TWO YEARS OF THE
EFFECTIVE DATE OF THIS TITLE.
  (C) THE FACILITY OWNER MUST NOTIFY THE DEPARTMENT BY MAIL WITHIN THIR-
TY DAYS OF INSTALLATION  OF  THE  REQUIRED  VAPOR  BARRIER  AND  GENERAL
EXHAUST  VENTILATION  SYSTEM  AND  CERTIFY  THAT IT MEETS ALL REGULATORY
REQUIREMENTS. SUCH NOTIFICATION MUST BE SENT BY CERTIFIED  MAIL  TO  THE
APPROPRIATE  REGIONAL  OFFICE OF THE DEPARTMENT ADDRESSED TO THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, ATTENTION:  REGIONAL  AIR  POLLUTION
CONTROL ENGINEER.
  (2)  RELOCATION  OF  EMISSION POINTS. THE RELOCATION OF PROCESS VENTI-
LATION EMISSION POINTS TO THE OUTDOOR ATMOSPHERE MUST  COMPLY  WITH  THE
RETROFITTING  REQUIREMENTS AND BE COMPLETED BY THE DEADLINES ESTABLISHED
UNDER THIS TITLE.
  (3) PUBLIC INFORMATION NOTICE. THE FACILITY OWNER MUST POST A COPY  OF
THE NOTICE PREPARED BY THE DEPARTMENT AS REQUIRED UNDER THIS TITLE.
  (4)  LEAK  INSPECTION.  THE  FACILITY  OWNER  MUST  INITIATE  THE LEAK
INSPECTION REQUIREMENTS ESTABLISHED IN THIS TITLE IMMEDIATELY  UPON  THE
EFFECTIVE DATE OF THIS TITLE.
  (5)  OPERATION  AND  MAINTENANCE. THE FACILITY OWNER MUST INITIATE ALL
OPERATION AND MAINTENANCE  REQUIREMENTS  WHICH  APPLY  TO  DRY  CLEANING
MACHINES  AND  EXISTING  EMISSION  CONTROL  SYSTEMS  ESTABLISHED IN THIS
TITLE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.   HOWEVER,
ALL  REQUIREMENTS  THAT  ARE  ALREADY IN EFFECT PURSUANT TO THE NATIONAL
PERCHLOROETHYLENE AIR EMISSION STANDARDS FOR DRY CLEANING FACILITIES  IN
40 CFR 63 SUBPART M, CONTINUE TO BE IN EFFECT.
  (6)  COMPLIANCE  INSPECTIONS.  THE  COMPLIANCE INSPECTION REQUIREMENTS
UNDER THIS TITLE ARE EFFECTIVE IMMEDIATELY UPON THE  EFFECTIVE  DATE  OF
THIS   TITLE.   FACILITY  OWNERS  MUST  INITIATE  THE  FIRST  COMPLIANCE
INSPECTION AT THEIR FACILITY WITHIN SIX MONTHS OF THE EFFECTIVE DATE  OF
THIS TITLE.
  (7)  RECORDKEEPING.  THE  FACILITY  OWNER MUST INITIATE ALL APPLICABLE
RECORDKEEPING REQUIRED UNDER THIS TITLE WITHIN SIXTY DAYS OF THE  EFFEC-
TIVE  DATE OF THIS TITLE. SUCH RECORDKEEPING MUST COVER ALL REQUIREMENTS
ESTABLISHED FOR DRY CLEANING SYSTEMS AND FACILITIES IN GENERAL AND  MUST
ALSO  COMPLY  WITH  REQUIREMENTS FOR SPECIFIC DRY CLEANING MACHINE TYPES
AND EMISSION CONTROL SYSTEMS. HOWEVER, ALL REQUIREMENTS THAT ARE ALREADY
IN EFFECT PURSUANT TO THE NATIONAL PERCHLOROETHYLENE AIR EMISSION STAND-
ARDS FOR DRY CLEANING FACILITIES IN 40 CFR 63 SUBPART M, CONTINUE TO  BE
IN EFFECT.
  (8)  PERC-CONTAMINATED  WASTEWATER  MANAGEMENT. FACILITIES MUST COMPLY
WITH THE PERC-CONTAMINATED WASTEWATER MANAGEMENT REQUIREMENTS UNDER THIS
TITLE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
  (9) HAZARDOUS WASTE MANAGEMENT AND EMERGENCY RESPONSE.  THE  HAZARDOUS
WASTE  MANAGEMENT  REQUIREMENTS  UNDER  THIS  TITLE  AND  THE  EMERGENCY
RESPONSE REQUIREMENTS UNDER THIS TITLE ARE  EFFECTIVE  IMMEDIATELY  UPON
THE EFFECTIVE DATE OF THIS TITLE.
S 19-1309. EQUIPMENT STANDARDS AND SPECIFICATIONS.
  (1) SPECIFIC EQUIPMENT STANDARDS AND EMISSION CONTROL SPECIFICATIONS:
  (A) VAPOR BARRIERS. VAPOR BARRIERS MUST, AT A MINIMUM, ENCLOSE THE DRY
CLEANING EQUIPMENT. VAPOR BARRIERS CAN BE CONSTRUCTED OF POLYVINYL CHLO-
RIDE,  PVC  SHEET 22 MIL THICK (0.022 IN.), SHEET METAL, METAL FOIL FACE
COMPOSITE BOARD, OR OTHER EQUIVALENT MATERIALS THAT ARE  IMPERMEABLE  TO

A. 5846                             9

PERC  VAPORS.  VAPOR BARRIERS MUST BE CONSTRUCTED SO THAT ALL JOINTS AND
SEAMS ARE SEALED EXCEPT FOR INLET MAKE-UP AIR AND  EXHAUST  OPENINGS  IN
ENTRY  DOORS, WHICH MUST ONLY BE OPEN WHEN A PERSON IS ENTERING OR EXIT-
ING THE ROOM ENCLOSURE.
  (B)  GENERAL  EXHAUST  VENTILATION. DRY CLEANING FACILITIES CO-LOCATED
WITH RESIDENTIAL LIVING QUARTERS, FOOD  SERVICE  ESTABLISHMENTS  OR  ANY
NON-INDUSTRIAL FACILITY MUST BE EQUIPPED WITH A VAPOR BARRIER AND WITH A
GENERAL  EXHAUST VENTILATION SYSTEM THAT IS COMPLETELY SEPARATE FROM THE
VENTILATION SYSTEM SERVING OTHER AREAS  OF  THE  BUILDING.  THE  GENERAL
EXHAUST VENTILATION SYSTEM MUST BE LOCATED NEAR THE DRY CLEANING MACHIN-
ERY  OR  CONNECTED  TO  A  SEPARATE  ROOM ENCLOSURE WITH A VAPOR BARRIER
EXHAUSTING EMISSIONS TO THE OUTER AIR. THIS DRY CLEANING GENERAL EXHAUST
VENTILATION SYSTEM MUST BE OPERATED AT ALL TIMES WHEN THE  DRY  CLEANING
MACHINES ARE IN OPERATION, AND DURING MAINTENANCE OPERATIONS AND MUST BE
CAPABLE OF AT LEAST ONE AIR CHANGE PER FIVE MINUTES.
  (C) DOOR FAN/LOCAL EXHAUST VENTILATION SYSTEMS:
  (I) ALL FIRST, SECOND AND THIRD GENERATION DRY CLEANING EQUIPMENT MUST
BE  EQUIPPED  WITH  A  DOOR  FAN/LOCAL  EXHAUST VENTILATION SYSTEM. THIS
SYSTEM MUST INCLUDE A MECHANICAL EXHAUST FAN THAT IS ACTIVATED WHEN  THE
LOADING  DOOR  IS  OPEN, DRAWING AIR FROM THE MACHINE DRUM CAUSING FRESH
AIR TO BE DRAWN IN THROUGH THE LOADING DOOR. A MINIMUM INWARD AIR VELOC-
ITY OF ONE HUNDRED FPM, MUST BE MAINTAINED THROUGH  THE  EFFECTIVE  DOOR
OPENING AREA OF THE LOADING DOOR OF THE MACHINE.
  (II)  DOOR  FAN/LOCAL EXHAUST VENTILATION SYSTEMS MUST NOT RECIRCULATE
VAPORS INTO THE WORKROOM AND MUST BE PROPERLY VENTED TO THE OUTER AIR.
  (III) DOOR FAN/LOCAL EXHAUST VENTILATION EMISSIONS MUST BE  CONTROLLED
TO  A  DESIGN  EMISSION STANDARD OF FIVE PPM PERC WITH AN IN-USE MAXIMUM
COMPLIANCE STANDARD OF 20 PPM.
  (D) PROCESS VENTILATION - INTERIM STANDARDS:
  (I) PROCESS VENTS ON FIRST AND SECOND GENERATION MACHINES THAT EXHAUST
DURING THE AERATION CYCLE AND WHEN THE MACHINE  DOOR  IS  OPEN  MUST  BE
VENTED  TO  THE  OUTER AIR ABOVE THE ROOF AND MORE THAN TWENTY-FIVE FEET
FROM ALL OPENINGS IN NEARBY OCCUPANCIES.
  (II) PROCESS VENTILATION EMISSIONS  FROM  EXISTING  FIRST  AND  SECOND
GENERATION  VENTED  MACHINES  HAVING  EMISSION  CONTROLS  AS PART OF THE
ORIGINAL EQUIPMENT OR RETROFITTED TO COMPLY WITH THE 100 PPM PERC  EMIS-
SION STANDARD EFFECTIVE MAY TENTH, NINETEEN HUNDRED EIGHTY-ONE UNDER THE
PRIOR  VERSION  OF  THIS TITLE MUST CONTINUE TO MEET THIS STANDARD UNTIL
SUCH TIME AS RETROFITTING, REPLACEMENT, OR SHUTDOWN  IS  REQUIRED  UNDER
THIS SECTION.
  (III)  PROCESS  VENTILATION  EMISSIONS FROM EXISTING SECOND GENERATION
MACHINES THAT ARE RETROFITTED WITH  CONTROL  EQUIPMENT  TO  COMPLY  WITH
INTERIM  STANDARDS  ESTABLISHED  UNDER  THIS SECTION MUST BE DESIGNED TO
ACHIEVE A PERC CONCENTRATION OF FIVE PPM OR  LESS  IN  THE  EXHAUST  AND
ACHIEVE  AN  IN-USE  COMPLIANCE STANDARD OF LESS THAN 20 PPM PERC IN THE
EXHAUST.
  (IV) THE EXHAUST DAMPER OF A VENTED FIRST OR SECOND GENERATION MACHINE
MUST BE COMPLETELY CLOSED WHEN THE MACHINE IS NOT BEING VENTED, AND MUST
NOT LEAK VAPORS INTO THE WORKROOM OR THE OUTER AIR.
  (E) PRIMARY  EMISSION  CONTROL  SYSTEMS.  REFRIGERATED  CONDENSERS  OR
EQUIVALENT  CLOSED  LOOP  VAPOR RECOVERY SYSTEMS MUST MEET THE FOLLOWING
REQUIREMENTS:
  (I) REFRIGERATED CONDENSERS MUST BE CAPABLE  OF  ACHIEVING  AN  OUTLET
VAPOR  TEMPERATURE  DOWNSTREAM OF ANY BY-PASS OF THE CONDENSER LESS THAN
OR EQUAL TO 45°F (7.2°C) DURING THE FINAL COOL DOWN CYCLE, AND ACHIEVE A

A. 5846                            10

CONCENTRATION OF 8600 PPM OR LESS PERC IN THE DRUM  UPON  COMPLETION  OF
THE DRYING CYCLE.
  (II)  REFRIGERATED CONDENSERS MUST HAVE A GRADUATED THERMOMETER, THER-
MOCOUPLE OR EQUIVALENT INSTRUMENT WITH A MINIMUM RANGE FROM 0°F  (-18°C)
TO  150°F  (66°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) NEW THIRD AND  FOURTH  GENERATION  EQUIPMENT  WITH  REFRIGERATED
CONDENSER   CONTROL   SYSTEMS   MUST   BE   EQUIPPED   WITH   A   DRYING
SENSOR/CONTROLLER THAT EXTENDS THE DRYING TIME  AT  LEAST  FOUR  MINUTES
BEYOND  THE  POINT THAT THE SOLVENT RECOVERY RATE IS LESS THAN 40 ML/MIN
OR SOLVENT VAPOR CONCENTRATION IN THE DRUM IS LESS THAN 8600 PPM PERC.
  (IV) THE REFRIGERATED CONDENSER  MUST  BE  OPERATED  WITH  A  DIVERTER
VALVE.
   (V)  EQUIVALENT  CLOSED-LOOP  VAPOR RECOVERY SYSTEMS OR OTHER CONTROL
DEVICE MUST USE A TECHNOLOGY THAT HAS BEEN DEMONSTRATED, PURSUANT TO THE
REQUIREMENTS OF THIS TITLE, TO ACHIEVE AT LEAST NINETY PERCENT BY WEIGHT
EMISSION REDUCTION BASED UPON THE AMOUNT OF PERC  ENTERING  AND  LEAVING
THE CONTROL DEVICE.
  (F) A SECONDARY CONTROL SYSTEM MUST:
  (I)  BE  DESIGNED  TO FUNCTION WITH A PRIMARY CONTROL SYSTEM COMPLYING
WITH ALL REQUIREMENTS FOR THIRD GENERATION EQUIPMENT.
  (II) BE CAPABLE OF REDUCING THE PERC CONCENTRATION IN  THE  DRUM  FROM
8600 PPM OR GREATER TO 300 PPM.
  (III)  ANY INTEGRAL CARBON ADSORBER USED AS A SECONDARY CONTROL SYSTEM
MUST BE SIZED CORRECTLY FOR THE MACHINE AND BE CAPABLE OF  REDUCING  THE
PERC  CONCENTRATION  IN THE DRUM FROM 8,600 PPM OR GREATER TO 300 PPM OR
LESS.
  (IV) THE INTEGRAL CARBON ADSORBER MUST  BE  DESIGNED  FOR  NON-CONTACT
STEAM  OR  HOT AIR STRIPPING OPERATION, AND MUST BE STRIPPED OR DESORBED
IN ACCORDANCE WITH  MANUFACTURER'S  INSTRUCTIONS  OR  AT  LEAST  WEEKLY,
WHICHEVER IS MORE STRINGENT.
  (G)  SPILL  CONTAINMENT. ALL NEW THIRD AND FOURTH GENERATION, OR USED,
REINSTALLED DRY  CLEANING  EQUIPMENT  MUST  BE  EQUIPPED  WITH  A  SPILL
CONTAINMENT SYSTEM CAPABLE OF CONTAINING ONE HUNDRED TWENTY-FIVE PERCENT
OF  THE CAPACITY OF THE LARGEST DRY CLEANING PERC TANK OR VESSEL ASSOCI-
ATED WITH THE DRY CLEANING MACHINE.
  (2) TO DETERMINE WHICH STANDARDS WILL APPLY TO A PARTICULAR DRY CLEAN-
ING FACILITY, FIRST DETERMINE WHETHER THE FACILITY IS  NEW  OR  EXISTING
(ONE  THAT  EXISTED  PRIOR  TO  THE  EFFECTIVE DATE OF THIS TITLE). THEN
DETERMINE WHETHER THE FACILITY IS A  STAND-ALONE  OR  IS  LOCATED  IN  A
MIXED-USE  BUILDING. IF IN A MIXED-USE BUILDING, DETERMINE WHETHER IT IS
A COMMERCIAL OR RESIDENTIAL BUILDING. FINALLY, FOR EACH PIECE OF  EQUIP-
MENT THERE ARE TWO PRIMARY ISSUES ADDRESSED IN THE REGULATIONS--THE TYPE
OF  EMISSIONS  CONTROL  AND THE LOCATION OF ANY PROCESS VENTS (SEE DEFI-
NITION OF PROCESS VENT).  PROCESS  VENTS  APPLY  ONLY  TO  TRANSFER  AND
DRY-TO-DRY  VENTED  EQUIPMENT, NOT TO DOOR FANS, GENERAL OR OTHER VENTI-
LATION.
  IN ALL, THERE ARE SIX DIFFERENT CATEGORIES FOR WHICH EQUIPMENT  STAND-
ARDS ARE PROVIDED AS FOLLOWS:
  1. NEW STAND-ALONE FACILITIES--EQUIPMENT REQUIREMENTS
  2.  EXISTING STAND-ALONE FACILITIES--REPLACEMENT OR ADDITION OF EQUIP-
MENT
  3. EXISTING STAND-ALONE FACILITIES--RETROFITTING OF EQUIPMENT
  4. NEW MIXED-USE FACILITIES--NEW EQUIPMENT
  5. EXISTING MIXED-USE FACILITIES--REPLACEMENT OR ADDITION OF EQUIPMENT

A. 5846                            11

  6. EXISTING MIXED-USE FACILITIES--RETROFITTING OF EQUIPMENT
  (A)  NEW STAND-ALONE FACILITIES--EQUIPMENT REQUIREMENTS. THE FOLLOWING
TYPES OF NEW AND/OR USED EQUIPMENT ARE ALLOWED IN NEW STAND-ALONE FACIL-
ITIES.
  (I) NEW EQUIPMENT - FOURTH GENERATION.
  (A) VAPOR BARRIER - NOT REQUIRED.
  (B) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
  (C) GENERAL VENTILATION - OPTIONAL.
  (D) PRIMARY  AND  SECONDARY  CONTROL  SYSTEMS,  AND  DRYING  SENSOR  -
REQUIRED AS SPECIFIED IN THIS SECTION.
  (E)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (II) NEW EQUIPMENT - THIRD GENERATION. THE INSTALLATION OF  THIS  TYPE
OF  EQUIPMENT  IS  PROHIBITED  AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
ELEVEN.
  (A) VAPOR BARRIER - NOT REQUIRED.
  (B) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
  (C) GENERAL VENTILATION - OPTIONAL.
  (D) PRIMARY AND SECONDARY CONTROL SYSTEMS, DRYING SENSOR, AND DOOR FAN
- REQUIRED AS SPECIFIED IN THIS SECTION.
  (E) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (F)  AN  ADDITIONAL  OPTION WOULD BE TO CONVERT TO A FOURTH GENERATION
MACHINE WITH LESS THAN OR EQUAL TO 300 PPM IN DRUM. UNDER THIS OPTION  A
DOOR FAN WOULD NOT BE REQUIRED.
  (III) USED EQUIPMENT - THIRD GENERATION.
  (A) VAPOR BARRIER - NOT REQUIRED.
  (B) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
  (C) GENERAL VENTILATION - OPTIONAL.
  (D)  PRIMARY  CONTROL  SYSTEMS AND DOOR FAN - REQUIRED AS SPECIFIED IN
THIS SECTION.
  (E) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
MUST NOT EXCEED 50 PPM PERC AT ANY TIME.
  (F)  AN  ADDITIONAL  OPTION WOULD BE TO CONVERT TO A FOURTH GENERATION
MACHINE WITH LESS THAN OR EQUAL TO 300 PPM PERC IN THE DRUM. UNDER  THIS
OPTION A DOOR FAN WOULD NOT BE REQUIRED.
  (B)  EXISTING  STAND-ALONE  FACILITIES  -  REPLACEMENT  OR ADDITION OF
EQUIPMENT. THE EQUIPMENT STANDARDS FOR NEW STAND-ALONE  FACILITIES  MUST
BE  FOLLOWED.  HOWEVER,  TRANSFER MACHINES MAY BE REPLACED WITH UPGRADED
DRY-TO-DRY VENTED EQUIPMENT IN ACCORDANCE WITH THE RETROFITTING REQUIRE-
MENTS.
  (C) EXISTING STAND-ALONE FACILITIES - RETROFITTING OF EQUIPMENT.
  (I) TRANSFER MACHINES -  NO  RETROFITTING  IS  ALLOWED.  ALL  TRANSFER
MACHINES MUST BE REMOVED FROM SERVICE ON THE FOLLOWING SCHEDULE.
  (A)  IF  THE  PROCESS  VENT IS LOCATED ABOVE THE ROOF AND MORE THAN 25
FEET FROM ALL OPENINGS IN NEARBY OCCUPANCIES, AND IF  PREVIOUSLY  RETRO-
FITTED  TO  MEET THE LESS THAN 100 PPM PERC VENTED EMISSION LEVEL AND IS
OPERATING IN COMPLIANCE WITH THAT EMISSION LEVEL, THE EQUIPMENT MUST  BE
REPLACED WITH THIRD OR FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO
THOUSAND TWELVE.
  (B)  IF  THE  PROCESS  VENT IS BELOW THE ROOF OR LESS THAN TWENTY-FIVE
FEET FROM ANY OPENING IN A NEARBY OCCUPANCY, OR IF  PROCESS  VENTILATION
EMISSIONS  DO  NOT  MEET  THE 100 PPM PERC EMISSION LEVEL, THE EQUIPMENT
MUST BE REPLACED WITH THIRD OR FOURTH GENERATION  EQUIPMENT  WITHIN  SIX
MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
  (C) VAPOR BARRIER - NOT REQUIRED.

A. 5846                            12

  (D) GENERAL VENTILATION - OPTIONAL.
  (II) DRY-TO-DRY VENTED (SECOND GENERATION)
  (A) VAPOR BARRIER - NOT REQUIRED.
  (B) GENERAL VENTILATION - OPTIONAL.
  (C) PROCESS VENT EMISSION POINT LOCATION.
  (1)  IF  THE  PROCESS VENT IS ABOVE THE ROOF AND MORE THAN TWENTY-FIVE
FEET FROM ALL OPENINGS IN NEARBY  OCCUPANCIES,  THE  RELOCATION  OF  THE
PROCESS VENT IS NOT REQUIRED.
  (2)  IF  THE  PROCESS  VENT IS BELOW THE ROOF OR LESS THAN TWENTY-FIVE
FEET FROM ANY OPENING IN A NEARBY OCCUPANCY: THE PROCESS  VENT  MUST  BE
CHANGED  TO  BE  OVER  THE  ROOF AND MORE THAN TWENTY-FIVE FEET FROM ALL
OPENINGS IN NEARBY OCCUPANCIES WITHIN SIX  MONTHS  AFTER  THE  EFFECTIVE
DATE  OF THIS TITLE.  ALTERNATIVELY, THE EQUIPMENT MUST BE REPLACED WITH
THIRD OR FOURTH GENERATION EQUIPMENT WITHIN THE SAME TIME LIMIT.
  (D) EMISSION CONTROLS.
  (1) CONTROLLED.
  (A) IF THE MACHINE HAS  BEEN  CONTROLLED  WITH  EITHER  AN  AZEOTROPIC
CONTROL  PLUS  SMALL CARBON ADSORBER OR CONVERTED TO A CLOSED LOOP THIRD
GENERATION MACHINE HAVING AN INTEGRAL OR EXTERNAL  PRIMARY  REFRIGERATED
CONDENSER  (THE  WATER  COOLER CONDENSING SYSTEM HAVING BEEN ELIMINATED)
AND HAS A DOOR FAN, MEETING THE REQUIREMENTS OF THIS SECTION,  NO  ADDI-
TIONAL CONTROL IS REQUIRED.
  (B)  IF THE MACHINE IS EQUIPPED WITH EITHER A FULL SIZED CARBON ADSOR-
BER OR A REFRIGERATED CONDENSER WITH A WATER COOLER  CONDENSING  SYSTEM,
IT  MUST  BE  RETROFITTED  WITH  EITHER AN AZEOTROPIC CONTROL PLUS SMALL
CARBON ADSORBER, PROVIDED EPA PUBLISHES A DETERMINATION THAT  AZEOTROPIC
CONTROL  IS  EQUIVALENT  TO  A CARBON ADSORBER, OR CONVERTED TO A CLOSED
LOOP THIRD GENERATION MACHINE BY ADDING AN INTEGRAL OR EXTERNAL  PRIMARY
REFRIGERATED  CONDENSER (ELIMINATING THE WATER COOLED CONDENSING SYSTEM)
AND A DOOR FAN WITH A SMALL CARBON ADSORBER MUST BE ADDED BY FOUR  YEARS
AFTER THE EFFECTIVE DATE OF THE TITLE. ALTERNATIVELY, THE EQUIPMENT MUST
BE  REPLACED WITH A THIRD GENERATION MACHINE WITH A DOOR FAN BY DECEMBER
THIRTY-FIRST, TWO THOUSAND ELEVEN, OR WITH A FOURTH GENERATION BY  JANU-
ARY FIRST, TWO THOUSAND THIRTEEN.
  (2)  UNCONTROLLED.  EQUIPMENT MUST BE RETROFITTED WITH EITHER AN AZEO-
TROPIC CONTROL PLUS SMALL CARBON  ADSORBER,  PROVIDED  EPA  PUBLISHES  A
DETERMINATION  THAT  AZEOTROPIC CONTROL IS EQUIVALENT TO A CARBON ADSOR-
BER, OR CONVERTED TO CLOSED LOOP THIRD GENERATION BY ADDING AN  INTEGRAL
OR EXTERNAL PRIMARY REFRIGERATED CONDENSER (ELIMINATING THE WATER COOLED
CONDENSING  SYSTEM)  AND A DOOR FAN WITH A SMALL CARBON ADSORBER MUST BE
ADDED WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE. ALTERNA-
TIVELY, EQUIPMENT MUST BE  REPLACED  WITH  THIRD  OR  FOURTH  GENERATION
EQUIPMENT WITHIN THE SAME TIME LIMIT.
  (E)  FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM,
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (III) DRY-TO-DRY NON-VENTED. THIRD GENERATION.
  (A) VAPOR BARRIER - NOT REQUIRED.
  (B) GENERAL VENTILATION - OPTIONAL.
  (C) EQUIPMENT MUST BE RETROFITTED WITH A DOOR FAN BY FOUR YEARS  AFTER
THE EFFECTIVE DATE OF THIS TITLE; OR,
  (D) AN ADDITIONAL OPTION WOULD BE TO CONVERT THIS TYPE OF EQUIPMENT TO
A  FOURTH  GENERATION MACHINE THAT ACHIEVES A PERC CONCENTRATION OF LESS
THAN OR EQUAL TO 300 PPM IN THE DRUM BY FOUR YEARS AFTER  THE  EFFECTIVE
DATE OF THIS TITLE. UNDER THIS OPTION A DOOR FAN WOULD NOT BE REQUIRED.
  (E)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.

A. 5846                            13

  (IV) DRY-TO-DRY NON-VENTED. FOURTH GENERATION.
  (A) VAPOR BARRIER - NOT REQUIRED.
  (B) GENERAL VENTILATION - OPTIONAL.
  (C)  PRIMARY AND SECONDARY CONTROL SYSTEM AND DRYING SENSORS MUST MEET
REQUIREMENTS SPECIFIED IN THIS SECTION.  HOWEVER,  FOR  FACILITIES  THAT
PURCHASED MACHINES PRIOR TO THE EFFECTIVE DATE OF THIS TITLE THE FOLLOW-
ING PROVISION APPLIES:
  IF  THE  OWNER/MANAGER OR OPERATOR CAN DEMONSTRATE THAT THE MACHINE IS
OPERATING IN THE BEST POSSIBLE WORKING CONDITION, NO ACTION IS  REQUIRED
IF  THE MEASURED PERC CONCENTRATION IN THE DRUM IS LESS THAN 500 PPM. IF
THE LEVEL EXCEEDS 500 PPM, A DOOR FAN THAT  MEETS  THE  REQUIREMENTS  OF
THIS SECTION MUST BE INSTALLED BY JANUARY FIRST, TWO THOUSAND TWELVE.
  (D)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (D)  NEW  MIXED-USE FACILITIES--NEW  EQUIPMENT.  ONLY  NEW  DRY-TO-DRY
FOURTH  GENERATION  EQUIPMENT IS ALLOWED IN NEW MIXED-USE FACILITIES. NO
USED OR RETROFITTED EQUIPMENT IS ALLOWED.
  (I) VAPOR BARRIER AND GENERAL  VENTILATION  -  REQUIRED  AS  SPECIFIED
HEREIN.
  (II) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
  (III)  PRIMARY  AND  SECONDARY  CONTROL  SYSTEMS  AND  DRYING SENSOR -
REQUIRED AS SPECIFIED IN THIS SECTION. ANY MACHINE NOT MEETING  THE  300
PPM  REQUIREMENT,  AND,  WHERE  THE OWNER/MANAGER OR OPERATOR CAN DEMON-
STRATE THAT THE MACHINE IS OPERATING IN THE BEST POSSIBLE WORKING CONDI-
TION MUST HAVE A DOOR FAN INSTALLED THAT MEETS THE REQUIREMENTS OF  THIS
SECTION WITHIN SIX MONTHS OF AN INSPECTION INDICATING HIGH PPM LEVELS.
  (IV)  FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (E) EXISTING MIXED-USE FACILITIES -- REPLACEMENT OR ADDITION OF EQUIP-
MENT. THE EQUIPMENT  STANDARDS  FOR  NEW  MIXED-USE FACILITIES  MUST  BE
FOLLOWED.
  (F) EXISTING MIXED-USE FACILITIES -- RETROFITTING OF EQUIPMENT.
  (I)  TRANSFER  MACHINES.  NO EMISSION CONTROL RETROFITTING IS ALLOWED.
ALL TRANSFER MACHINES MUST BE REMOVED  FROM  SERVICE  ON  THE  FOLLOWING
SCHEDULE.  ALL TRANSFER MACHINES ARE REQUIRED TO MEET THE GENERAL VENTI-
LATION AND VAPOR BARRIER REQUIREMENT WITHIN SIX MONTHS AFTER THE  EFFEC-
TIVE DATE OF THE TITLE AS SPECIFIED IN THIS SECTION.
  (A)  IF THE PROCESS VENT IS LOCATED ABOVE THE ROOF AND MORE THAN TWEN-
TY-FIVE FEET FROM ALL OPENINGS IN NEARBY OCCUPANCIES, AND IF THE  EQUIP-
MENT  HAS  BEEN  PREVIOUSLY RETROFITTED TO COMPLY WITH THE LESS THAN 100
PPM PERC VENTED EMISSION LEVEL AND IS OPERATING IN COMPLIANCE WITH  THAT
EMISSION  LEVEL, THE EQUIPMENT MUST BE REMOVED FROM SERVICE BY SEPTEMBER
TWENTY-SECOND, TWO THOUSAND TEN.
  (B) IF  THE  PROCESS  VENT  IS  NOT  ABOVE  THE  ROOF  AND  MORE  THAN
TWENTY-FIVE  FEET  FROM  ALL  OPENINGS  IN NEARBY OCCUPANCIES, OR IF THE
EQUIPMENT HAS NOT PREVIOUSLY BEEN RETROFITTED OR IS  NOT  IN  COMPLIANCE
WITH  THE  LESS  THAN 100 PPM PERC EMISSION LEVEL, THE EQUIPMENT MUST BE
REMOVED FROM SERVICE WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF  THIS
TITLE.
  (C)  A  VAPOR  BARRIER AND GENERAL VENTILATION ARE REQUIRED WITHIN SIX
MONTHS AFTER THE EFFECTIVE DATE OF  THIS  TITLE  AS  SPECIFIED  IN  THIS
SECTION.
  (II) DRY-TO-DRY VENTED. SECOND GENERATION.
  (A)  VAPOR  BARRIER  AND GENERAL VENTILATION - REQUIRED WITHIN FIFTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AS SPECIFIED IN THIS SECTION.
  (B) PROCESS VENT EMISSION LOCATION.

A. 5846                            14

  (1) IF THE PROCESS VENT IS ABOVE THE ROOF AND  MORE  THAN  TWENTY-FIVE
FEET  FROM  ALL  OPENINGS  IN  NEARBY OCCUPANCIES, THE RELOCATION OF THE
PROCESS VENT IS NOT REQUIRED.
  (2)  IF  THE  PROCESS  VENT IS BELOW THE ROOF OR LESS THAN TWENTY-FIVE
FEET FROM ANY OPENING IN A NEARBY OCCUPANCY, CHANGE THE PROCESS VENT  TO
BE  OVER  THE  ROOF  AND MORE THAN TWENTY-FIVE FEET FROM ALL OPENINGS IN
NEARBY OCCUPANCIES WITHIN SIX MONTHS AFTER THE EFFECTIVE  DATE  OF  THIS
TITLE.  ALTERNATIVELY, EQUIPMENT MUST BE REPLACED WITH FOURTH GENERATION
EQUIPMENT WITHIN THE SAME TIME LIMIT.
  (C) EMISSION CONTROLS.
  (1) MIXED-USE - COMMERCIAL - UNCONTROLLED. EQUIPMENT MUST BE RETROFIT-
TED  WITH  EITHER AN AZEOTROPIC CONTROL PLUS A SMALL CARBON ADSORBER, OR
CONVERTED TO A CLOSED LOOP THIRD GENERATION MACHINE BY ADDING  AN  INTE-
GRAL  OR  EXTERNAL PRIMARY REFRIGERATED CONDENSER (ELIMINATING THE WATER
COOLED CONDENSING SYSTEM) AND A DOOR FAN MUST BE ADDED AS  SPECIFIED  IN
THIS  SECTION  WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
ALTERNATIVELY, EQUIPMENT MUST BE REPLACED WITH FOURTH GENERATION  EQUIP-
MENT WITHIN THE SAME TIME LIMIT.
  THE  RETROFIT  OF  THIS  EQUIPMENT IS ONLY AN INTERIM MEASURE, AND ALL
RETROFITTED EQUIPMENT OF THIS TYPE MUST BE REMOVED FROM SERVICE BY JANU-
ARY FIRST, TWO THOUSAND SEVENTEEN.
  (2) MIXED-USE - COMMERCIAL - CONTROLLED.
  (A) IF THE MACHINE HAS  BEEN  CONTROLLED  WITH  EITHER  AN  AZEOTROPIC
CONTROL  PLUS  SMALL  CARBON ADSORBER OR CONVERTED TO A THIRD GENERATION
MACHINE HAVING AN INTEGRAL OR EXTERNAL  PRIMARY  REFRIGERATED  CONDENSER
(THE  WATER  COOLED  CONDENSING SYSTEM HAVING BEEN ELIMINATED) AND HAS A
DOOR FAN AS SPECIFIED IN THIS SECTION, NO INTERIM RETROFITTING ACTION IS
REQUIRED. THIS EQUIPMENT MUST BE REMOVED FROM SERVICE AND REPLACED  WITH
FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  (B)  IF THE MACHINE IS EQUIPPED WITH EITHER A FULL-SIZED CARBON ADSOR-
BER OR A REFRIGERATED CONDENSER WITH A WATER COOLED  CONDENSING  SYSTEM,
IT  MUST  BE  RETROFITTED  WITH  EITHER AN AZEOTROPIC CONTROL PLUS SMALL
CARBON ADSORBER, PROVIDED EPA PUBLISHES A DETERMINATION THAT  AZEOTROPIC
CONTROL  IS  EQUIVALENT  TO  A  CARBON ADSORBER, OR CONVERTED TO A THIRD
GENERATION MACHINE BY ADDING AN INTEGRAL OR EXTERNAL  PRIMARY  REFRIGER-
ATED  CONDENSER  (ELIMINATING  THE WATER COOLED CONDENSING SYSTEM) AND A
DOOR FAN MUST BE ADDED AS SPECIFIED IN THIS SECTION  BY  JANUARY  FIRST,
TWO  THOUSAND THIRTEEN.   ALTERNATIVELY, EQUIPMENT MUST BE REPLACED WITH
FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND THIRTEEN. THE
RETROFIT OF THIS EQUIPMENT IS AN INTERIM MEASURE ONLY AND ALL  RETROFIT-
TED EQUIPMENT MUST BE REPLACED WITH FOURTH GENERATION EQUIPMENT BY JANU-
ARY FIRST, TWO THOUSAND SEVENTEEN.
  (3)  MIXED-USE  - RESIDENTIAL - UNCONTROLLED. EQUIPMENT MUST BE RETRO-
FITTED WITH EITHER AN AZEOTROPIC CONTROL DEVICE PLUS SMALL CARBON ADSOR-
BER, PROVIDED EPA PUBLISHES A DETERMINATION THAT AZEOTROPIC  CONTROL  IS
EQUIVALENT TO A CARBON ADSORBER, OR CONVERTED TO THIRD GENERATION EQUIP-
MENT  BY  ADDING  AN INTEGRAL OR EXTERNAL PRIMARY REFRIGERATED CONDENSER
(ELIMINATING THE WATER COOLED CONDENSING SYSTEM) AND A DOOR FAN MUST  BE
ADDED AS SPECIFIED IN THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE
DATE  OF  THIS TITLE. ALTERNATIVELY, THE EQUIPMENT MUST BE REPLACED WITH
FOURTH GENERATION EQUIPMENT WITHIN THE SAME TIME LIMIT. THE RETROFIT  OF
THIS  EQUIPMENT IS ONLY AN INTERIM MEASURE AND ALL RETROFITTED EQUIPMENT
OF THIS TYPE MUST BE REMOVED FROM SERVICE BY JANUARY FIRST, TWO THOUSAND
TWELVE.
  (4) MIXED-USE - RESIDENTIAL - CONTROLLED.

A. 5846                            15

  (A) IF THE MACHINE HAS  BEEN  CONTROLLED  WITH  EITHER  AN  AZEOTROPIC
CONTROL  DEVICE  PLUS A SMALL CARBON ADSORBER OR HAS BEEN CONVERTED TO A
THIRD GENERATION MACHINE HAVING AN INTEGRAL OR EXTERNAL PRIMARY  REFRIG-
ERATED  CONDENSER  (THE  WATER COOLED SYSTEM HAVING BEEN ELIMINATED) AND
HAS  A DOOR FAN AS SPECIFIED IN THIS SECTION, NO ADDITIONAL RETROFITTING
IS REQUIRED. HOWEVER, ALL EQUIPMENT OF THIS TYPE MUST BE  REPLACED  WITH
FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND TWELVE.
  (B)  IF THE MACHINE IS EQUIPPED WITH FULL-SIZED CARBON ADSORBER WITH A
WATER COOLED CONDENSING SYSTEM, IT MUST BE OPERATED IN  COMPLIANCE  WITH
THE  100  PPM STANDARDS OF THE PREVIOUS REGULATIONS AND MUST BE REPLACED
WITH FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND TWELVE.
  (C) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (III) DRY-TO-DRY NON-VENTED. THIRD GENERATION.
  (A)  VAPOR  BARRIER AND GENERAL VENTILATION - REQUIRED WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AS SPECIFIED IN THIS SECTION.
  (B) EQUIPMENT MUST BE RETROFITTED WITH A DOOR FAN MEETING THE REQUIRE-
MENTS OF THIS SECTION BY FOUR YEARS AFTER THE  EFFECTIVE  DATE  OF  THIS
TITLE.
  (C)  AN  ADDITIONAL  OPTION IS TO CONVERT THIS PIECE OF EQUIPMENT TO A
FOURTH GENERATION MACHINE THAT ACHIEVES A  PERC  CONCENTRATION  OF  LESS
THAN  OR  EQUAL  TO  300 PPM IN THE MACHINE DRUM BY FOUR YEARS AFTER THE
EFFECTIVE DATE OF THE TITLE. UNDER THIS OPTION A DOOR FAN WOULD  NOT  BE
REQUIRED.
  (D)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
  (IV) DRY-TO-DRY NON-VENTED. FOURTH GENERATION.
  (A) VAPOR BARRIER AND GENERAL VENTILATION - REQUIRED WITHIN TWO  YEARS
OF THE EFFECTIVE DATE OF THIS TITLE AS SPECIFIED IN THIS SECTION.
  (B)  PRIMARY  AND  SECONDARY  CONTROLS AND DRYING SENSOR - REQUIRED AS
SPECIFIED IN THIS SECTION. HOWEVER, FOR NON-MAJOR FACILITIES  UNDER  THE
NATIONAL  EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS IN 40 CFR PART
63 THAT PURCHASED MACHINES PRIOR TO THE EFFECTIVE DATE OF THIS TITLE THE
FOLLOWING PROVISION APPLIES: IF THE OWNER/MANAGER OR OPERATOR CAN DEMON-
STRATE THAT THE MACHINE IS OPERATING IN THE BEST POSSIBLE WORKING CONDI-
TION, NO ACTION IS REQUIRED IF THE MEASURED PERC  CONCENTRATION  IN  THE
DRUM  IS  LESS THAN 500 PPM. IF THE LEVEL EXCEEDS 500 PPM, A DOOR FAN AS
SPECIFIED IN THIS SECTION IS REQUIRED.
  (C) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
MUST NOT EXCEED 50 PPM AT ANY TIME.
S 19-1311. LEAK INSPECTION AND SELF MONITORING REQUIREMENTS.
  (1) LEAK CHECK REQUIREMENTS. THE TRAINED OPERATOR MUST INSPECT THE DRY
CLEANING SYSTEM FOR PERCEPTIBLE (LIQUID AND VAPOR) LEAKS AND OTHER FUGI-
TIVE  EMISSIONS.  THE  TRAINED  OPERATOR  OR A DESIGNEE, MUST RECORD 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 THE INSPECTION.
  (A) THE DRY CLEANING SYSTEM MUST BE  THOROUGHLY  INSPECTED,  AT  LEAST
WEEKLY,  FOR  VAPOR LEAKS USING ONE OF THE FOLLOWING FOR DETECTING VAPOR
LEAKS:
  (I) A HALOGENATED-HYDROCARBON DETECTOR;
  (II) A PORTABLE GAS ANALYZER;
  (III) AN AIR SAMPLING PUMP AND COLORIMETRIC TUBE; OR
  (IV) AN ALTERNATIVE METHOD APPROVED BY THE DEPARTMENT.
  (B) ALL EQUIPMENT REFERENCED IN PARAGRAPH (I) OF SUBDIVISION 2 OF THIS
SECTION MUST BE PROPERLY CALIBRATED.

A. 5846                            16

  (2) THE FOLLOWING COMPONENTS  OF  THE  DRY  CLEANING  SYSTEM  MUST  BE
INSPECTED WEEKLY FOR PERCEPTIBLE (LIQUID AND VAPOR) LEAKS AND FOR PROPER
OPERATION  AS  REQUIRED  BY SECTION 19-1313 OF THIS TITLE (OPERATION AND
MAINTENANCE REQUIREMENTS) WHILE THE DRY CLEANING SYSTEM IS OPERATING:
  (A) HOSE AND PIPE CONNECTIONS, FITTINGS, COUPLING AND VALVES;
  (B) DOOR GASKETS AND SEATINGS;
  (C) FILTER GASKETS AND SEATINGS;
  (D) PUMPS;
  (E) SOLVENT (INCLUDING SPENT SOLVENT) TANKS AND CONTAINERS;
  (F) WATER SEPARATORS;
  (G) MUCK COOKER;
  (H) STILLS;
  (I) EXHAUST DAMPERS;
  (J) DIVERTER VALVES; AND
  (K) CARTRIDGE FILTER HOUSINGS.
  (3)  CARBON  ADSORBER  VENTS  MUST BE TESTED WEEKLY USING COLORIMETRIC
DETECTOR TUBES OR PORTABLE HALOGEN DETECTORS AS  REQUIRED  BY  REFERENCE
METHOD  21  OR  EQUIVALENT, AND TEST RESULTS MUST BE NOTED ON THE CHECK-
LIST.
  (A) CARBON ADSORBER VENTS IN MIXED-USE FACILITIES MUST ALSO BE  TESTED
WEEKLY USING COLORIMETRIC DETECTOR TUBES, AND TEST RESULTS MUST BE NOTED
ON THE CHECKLIST.
  (B)  CARBON ADSORBER VENTS ON SMALL CARBON ADSORBERS USED FOR CONTROL-
LING SECOND AND THIRD GENERATION EQUIPMENT IN MIXED-USE FACILITIES  MUST
BE  TESTED  WEEKLY  USING  COLORIMETRIC DETECTOR TUBES, AND TEST RESULTS
MUST BE NOTED ON THE CHECKLIST.
  (4) 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.
  (5) PREPAREDNESS AND PREVENTION EQUIPMENT AND CONDITIONS  AS  REQUIRED
IN  THIS  TITLE  MUST BE INSPECTED WEEKLY TO ENSURE PROPER OPERATION AND
MAINTENANCE. A NOTATION MUST BE MADE ON THE CHECKLIST  AT  THE  TIME  OF
INSPECTION.
  (6)  THE  INWARD  AIR  VELOCITY FOR A LOADING DOOR FAN MUST BE CHECKED
WEEKLY WITH A PORTABLE VELOMETER OR EQUIVALENT MEASUREMENT INSTRUMENT. A
NOTATION OF THE INSTRUMENT READING MUST BE MADE ON THE CHECKLIST.
  (7) ANY LIQUID LEAK, VAPOR LEAK, OR MALFUNCTION THAT HAS BEEN DETECTED
BY THE OPERATOR MUST BE NOTED ON THE CHECKLIST AND, IF AT ALL  POSSIBLE,
REPAIRED  IMMEDIATELY.  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 BY AN INSPECTOR AND MUST BE REPAIRED
WITHIN  TWENTY-FOUR HOURS OF DETECTION, UNLESS REPAIR PARTS ARE UNAVAIL-
ABLE.
  (A) 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.  EQUIP-
MENT WITH A LEAK THAT HAS NOT BEEN REPAIRED BY THE END OF THE  FIFTEENTH
WORKING  DAY  AFTER  DETECTION  MUST  NOT  BE OPERATED UNTIL THE LEAK IS
REPAIRED, UNLESS THE FACILITY OWNER OR OPERATOR RECEIVES  A  LEAK-REPAIR
EXTENSION FROM THE DEPARTMENT.
  (B)  THE  DEPARTMENT  MAY  GRANT A LEAK-REPAIR EXTENSION TO A FACILITY
OWNER FOR A SINGLE PERIOD OF THIRTY DAYS  OR  LESS,  IF  THE  DEPARTMENT
MAKES THESE FINDINGS:
  (I)  THE  DELAY  IN  REPAIRING THE LEAK COULD NOT HAVE BEEN AVOIDED BY
ACTION ON THE PART OF THE FACILITY OWNER OR OPERATOR;

A. 5846                            17

  (II) THE FACILITY OWNER AND OPERATOR USED REASONABLE PREVENTIVE  MEAS-
URES AND ACTED PROMPTLY TO INITIATE THE REPAIR;
  (III)  THE LEAK WILL NOT SIGNIFICANTLY INCREASE PERC EXPOSURE NEAR THE
FACILITY; AND
  (IV) THE FACILITY IS IN COMPLIANCE WITH ALL OTHER REQUIREMENTS OF THIS
SECTION AND HAS A HISTORY OF COMPLIANCE.
  (C) SUCH EXTENSION MAY BE GRANTED VERBALLY, BUT MUST BE FOLLOWED UP BY
A WRITTEN CONFIRMATION WITHIN THREE DAYS.
  (D) ONCE A REPAIR IS COMPLETED, THE COMPLETION DATE MUST  BE  RECORDED
ON THE CHECKLIST.
  (E)  WHERE  A  HAZARD  IS  IMMINENT  OR HAS ALREADY OCCURRED, REMEDIAL
ACTION MUST BE TAKEN IMMEDIATELY.
  (F) ALL UNCONTAINABLE RELEASES, FIRES OR EXPLOSIONS MUST  BE  REPORTED
TO THE DEPARTMENT AND APPROPRIATE EMERGENCY RESPONSE AGENCIES IMMEDIATE-
LY.
  (8) A FUGITIVE EMISSION CONCENTRATION OF 50 PPM OF PERC EMANATING FROM
ANY  PART  OF  THE  DRY  CLEANING  SYSTEM  IS  A  VIOLATION;  EXCEPT FOR
SHORT-TERM MAINTENANCE OPERATIONS INVOLVING THE OPENING OF DRY  CLEANING
SYSTEM COMPONENTS FOR INSPECTION OR REPAIR.
  (9)  ANY  EXCEEDANCE OF THE LEAK INSPECTION REQUIREMENTS IN THIS TITLE
THAT HAS BEEN DETECTED BY THE OPERATOR MUST BE NOTED  ON  THE  CHECKLIST
AND REPAIRED/ADJUSTED IMMEDIATELY.
S 19-1313. OPERATION AND MAINTENANCE REQUIREMENTS.
  (1)  DRY  CLEANING FACILITIES MUST BE MAINTAINED AND OPERATED TO MINI-
MIZE THE RELEASE OF PERC TO THE ENVIRONMENT.
  (2) THE OPERATOR MUST OPERATE AND MAINTAIN ALL COMPONENTS OF  THE  DRY
CLEANING  SYSTEM  IN  ACCORDANCE WITH THE REQUIREMENTS OF THIS TITLE AND
THE CONDITIONS SPECIFIED IN A FACILITY'S  OPERATING  PERMIT.  FOR  OPER-
ATIONS  NOT  SPECIFICALLY ADDRESSED, THE COMPONENTS MUST BE OPERATED AND
MAINTAINED IN ACCORDANCE WITH THE  MANUFACTURER'S  RECOMMENDATIONS.  THE
FACILITY  OPERATOR MUST RETAIN, ON-SITE, A COPY OF THE DESIGN SPECIFICA-
TIONS AND THE OPERATING MANUALS FOR EACH DRY CLEANING  SYSTEM  AND  EACH
EMISSION CONTROL DEVICE LOCATED AT THE DRY CLEANING FACILITY.
  (3)  THE  DEPARTMENT SHALL PROVIDE AN OPERATION AND MAINTENANCE CHECK-
LIST TO THE FACILITY. EACH OPERATION AND MAINTENANCE  FUNCTION  AND  THE
DATE  PERFORMED  MUST BE RECORDED ON THE CHECKLIST. COMPLETED CHECKLISTS
MUST BE MAINTAINED ON SITE FOR AT LEAST FIVE YEARS FROM THE DATE OF  THE
CHECKLIST.
  (4) OPERATORS MUST COMPLY WITH THE FOLLOWING OPERATION AND MAINTENANCE
REQUIREMENTS, AS APPLICABLE:
  (A) FOURTH GENERATION MACHINES.
  (I)  REFRIGERATED  CONDENSERS  MUST  BE  OPERATED  IN  ACCORDANCE WITH
MANUFACTURER'S SPECIFICATIONS.
  (II) INTEGRAL REFRIGERATED CONDENSERS MUST BE OPERATED TO ENSURE  THAT
EXHAUST GASES ARE RECIRCULATED UNTIL THE AIR-VAPOR STREAM TEMPERATURE IS
45°F  OR  LESS  AT THE OUTLET. THE DIFFERENCE BETWEEN THE TEMPERATURE OF
THE AIR-PERC GAS VAPOR STREAM EXITING THE REFRIGERATED CONDENSER MUST BE
GREATER THAN OR EQUAL TO 20° F (11.1°C).  THE  TEMPERATURE  DIFFERENTIAL
MUST BE DETERMINED AT LEAST WEEKLY WITH A THERMOMETER WITH A TEMPERATURE
RANGE   OF  FROM  32°F  (0°C)  TO  120°F  (48.9°C)  TO  AN  ACCURACY  OF
±2°F(1.1°C).
  (III) VAPOR ADSORBERS USED WITH A PRIMARY CONTROL SYSTEM OR  SECONDARY
CONTROL  SYSTEM MUST BE OPERATED TO ENSURE THAT EXHAUST GASES ARE RECIR-
CULATED AT THE TEMPERATURE SPECIFIED FOR OPTIMUM ADSORPTION.
  (IV) CARTRIDGE  FILTERS  AND  ADSORPTIVE  CARTRIDGE  FILTERS  MUST  BE
HANDLED USING ONE OF THE FOLLOWING METHODS:

A. 5846                            18

  (A)  DRAINED  IN THE FILTER HOUSING, BEFORE DISPOSAL, FOR NO LESS THAN
TWENTY-FOUR HOURS FOR CARTRIDGE FILTER AND FORTY-EIGHT HOURS FOR ADSORP-
TIVE 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. SUCH TRANSFER MUST BE PERFORMED  CLOSING  THE
FILTER  HOUSING AS SOON AS POSSIBLE TO MINIMIZE VAPOR LEAKS. THE GENERAL
EXHAUST VENTILATION SYSTEM MUST BE OPERATED DURING THIS ACTIVITY.
  (B) DRIED, STRIPPED, SPARGED, OR OTHERWISE TREATED, WITHIN THE  SEALED
FILTER HOUSING, TO REDUCE THE VOLUME OF PERC CONTAINED IN THE FILTER.
  (V)  ALL  STEAM  AND CONDENSING COILS MUST BE MAINTAINED TO BE FREE OF
LINT AND HARD LINT BUILD-UP ON INTERIOR SURFACES.
  (VI) FOR DRY CLEANING EQUIPMENT EQUIPPED WITH  A  DOOR  FAN,  SUCH  AS
WHERE  THE  APPLICABLE DRUM CONCENTRATION UPON MACHINE OPENING CANNOT BE
MET, THE OPERATOR MUST USE A PORTABLE VELOMETER OR  EQUIVALENT  MEASURE-
MENT  INSTRUMENT TO VERIFY THAT THE REQUIRED 100 FPM INWARD AIR VELOCITY
IS MAINTAINED THROUGH THE EFFECTIVE DOOR OPENING WHEN THE  LOADING  DOOR
IS OPEN. THE INWARD AIR VELOCITY MUST BE CHECKED ON A WEEKLY BASIS.
  (B) THIRD GENERATION MACHINES.
  (I)  REFRIGERATED  CONDENSERS  MUST  BE  OPERATED  IN  ACCORDANCE WITH
MANUFACTURER'S SPECIFICATIONS.
  (II) INTEGRAL AND EXTERNAL REFRIGERATED CONDENSERS MUST BE OPERATED TO
ENSURE THAT EXHAUST GASES ARE RECIRCULATED UNTIL  THE  AIR-VAPOR  STREAM
TEMPERATURE  IS  45°F  OR LESS AT THE OUTLET. THE DIFFERENCE BETWEEN THE
TEMPERATURE OF THE AIR-PERC GAS VAPOR STREAM  EXITING  THE  REFRIGERATED
CONDENSER  MUST  BE  GREATER THAN OR EQUAL TO 20°F (11.1°C). THE TEMPER-
ATURE DIFFERENTIAL MUST BE DETERMINED AT LEAST WEEKLY WITH A THERMOMETER
WITH A TEMPERATURE RANGE OF FROM 32°F (0°C)  TO  120°F  (48.9°C)  TO  AN
ACCURACY OF ±2°F(1.1°C).
  (III)  VAPOR ADSORBERS USED WHEN THE MACHINE HAS BEEN RETROFITTED AS A
FOURTH GENERATION MACHINE MUST BE OPERATED TO ENSURE THAT EXHAUST  GASES
ARE  RECIRCULATED  AT  THE TEMPERATURE SPECIFIED BY THE MANUFACTURER FOR
OPTIMUM ADSORPTION.
  (IV) CARTRIDGE  FILTERS  AND  ADSORPTIVE  CARTRIDGE  FILTERS  MUST  BE
HANDLED USING ONE OF THE FOLLOWING METHODS:
  (A)  DRAINED IN THE FILTER HOUSING, BEFORE DISPOSAL, FOR NO LESS THAN:
TWENTY-FOUR HOURS  FOR  CARTRIDGE  FILTERS  AND  FORTY-EIGHT  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. SUCH TRANSFER MUST BE
PERFORMED CLOSING THE FILTER HOUSING AS SOON  AS  POSSIBLE  TO  MINIMIZE
VAPOR  LEAKS.  THE  GENERAL  EXHAUST VENTILATION SYSTEM MUST BE OPERATED
DURING THIS ACTIVITY.
  (B) DRIED, STRIPPED, SPARGED, OR OTHERWISE TREATED, WITHIN THE  SEALED
FILTER HOUSING, TO REDUCE THE VOLUME OF PERC CONTAINED IN THE FILTER.
  (V)  ALL  STEAM  AND CONDENSING COILS MUST BE MAINTAINED TO BE FREE OF
LINT AND HARD LINT BUILD-UP ON INTERIOR SURFACES.
  (VI) FOR DRY CLEANING EQUIPMENT EQUIPPED WITH A DOOR FAN, THE OPERATOR
MUST USE A PORTABLE VELOMETER OR EQUIVALENT  MEASUREMENT  INSTRUMENT  TO
VERIFY  THAT  THE  REQUIRED  100  FPM  INWARD AIR VELOCITY IS MAINTAINED
THROUGH THE EFFECTIVE DOOR OPENING WHEN THE LOADING DOOR  IS  OPEN.  THE
INWARD AIR VELOCITY MUST BE CHECKED ON A WEEKLY BASIS.
  (C) SECOND GENERATION MACHINES.

A. 5846                            19

  (I)  A  VENTED  MACHINE  OPERATED  WITH  FULL-SIZED  CARBON  ADSORBERS
(DRY-TO-DRY VENTED) THAT FUNCTION DURING THE DRYING CYCLE MUST MEET  THE
FOLLOWING REQUIREMENTS:
  (A)  DESORPTION  MUST  BE  PERFORMED AT THE FREQUENCY SPECIFIED BY THE
MANUFACTURER OR AS SPECIFIED BY THIS TITLE, WHICHEVER IS MORE STRINGENT.
THE MINIMUM FREQUENCY FOR DESORPTION OF FULL-SIZE  CARBON  UNITS  IS  AS
FOLLOWS,  EACH  TIME  ALL DRY CLEANING EQUIPMENT EXHAUSTED TO THE DEVICE
HAS CLEANED A TOTAL OF THREE POUNDS OF ARTICLES FOR EACH POUND OF  ACTI-
VATED  CARBON. DESORPTION MUST BE PERFORMED WITH THE MINIMUM STEAM PRES-
SURE AND AIR FLOW CAPACITY SPECIFIED BY THE MANUFACTURER.
  (B) ONCE DESORPTION IS COMPLETE, THE CARBON BED MUST  BE  FULLY  DRIED
ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS.
  (C)  NO  PERC  VAPORS  MAY  BYPASS  THE CARBON ADSORBER TO THE OUTDOOR
ATMOSPHERE AT ANY TIME, NOR BE RECIRCULATED INTO THE FACILITY.
  (D) THE FILTER LOCATED IN FRONT OF THE CARBON ADSORBER MUST BE CHECKED
AND CLEANED WEEKLY.
  (E) FOR DRY CLEANING  EQUIPMENT  IN  MIXED-USE  SETTINGS,  THE  CARBON
ADSORBER  VENT  MUST BE TESTED WEEKLY USING COLORIMETRIC DETECTOR TUBES.
TEST RESULTS MUST BE RECORDED ON THE CHECKLIST. TEST RESULTS OF FIVE PPM
OR GREATER PERC REQUIRE AN IMMEDIATE STRIPPING OF THE CARBON ADSORBER.
  (II) SMALL EXTERNAL  CARBON  ADSORBERS  USED  FOR  AZEOTROPIC  CONTROL
SYSTEMS, MUST BE STRIPPED AT LEAST WEEKLY WHEN IN USE. IF NOT IN CONTIN-
UOUS DAILY USE, ADSORBERS MUST BE STRIPPED AFTER THEY HAVE BEEN USED FOR
TEN DAYS.
  (A)  SMALL  EXTERNAL  CARBON  ADSORBERS  MUST BE VENTED TO OUTSIDE THE
BUILDING AND MUST NOT RECIRCULATE VAPOR INTO THE FACILITY.
  (B) SMALL EXTERNAL CARBON ADSORBERS USED IN MIXED-USE SETTINGS MUST BE
TESTED WEEKLY USING COLORIMETRIC DETECTOR TUBES OR EQUIVALENT  MEASURING
DEVICES.  TEST  RESULTS  MUST BE RECORDED ON THE INSPECTION CHECKLIST. A
TEST RESULT OF FIVE PPM PERC OR GREATER REQUIRE AN  IMMEDIATE  STRIPPING
OF THE CARBON ADSORBER.
  (III) THE EXHAUST DAMPER OF A VENTED MACHINE MUST BE COMPLETELY CLOSED
WHEN  THE  MACHINE  IS NOT BEING VENTED AND MUST BE REPAIRED OR REPLACED
WITHIN FIVE WORKING DAYS IF MALFUNCTIONING.
  (IV) CARTRIDGE  FILTERS  AND  ADSORPTIVE  CARTRIDGE  FILTERS  MUST  BE
HANDLED USING ONE OF THE FOLLOWING METHODS:
  (A)  DRAINED IN THE FILTER HOUSING, BEFORE DISPOSAL, FOR NO LESS THAN:
TWENTY-FOUR HOURS  FOR  CARTRIDGE  FILTERS  AND  FORTY-EIGHT  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. SUCH TRANSFER MUST BE PERFORMED  CLOSING  THE
FILTER  HOUSING AS SOON AS POSSIBLE TO MINIMIZE VAPOR LEAKS. THE GENERAL
EXHAUST VENTILATION SYSTEM MUST BE OPERATED DURING THIS ACTIVITY.
  (B) DRIED, STRIPPED, SPARGED, OR OTHERWISE TREATED, WITHIN THE  SEALED
FILTER HOUSING, TO REDUCE THE VOLUME OF PERC CONTAINED IN THE FILTER.
  (V)  ALL  WATER-COOLED  CONDENSERS  MUST  INCLUDE  TEMPERATURE  GAUGES
INSTALLED IN THE INLET AND OUTLET WATER LINES OF THE CONDENSING COIL  ON
THE  DRYER.  THE  TEMPERATURE DIFFERENCE MUST BE MAINTAINED ACCORDING TO
MANUFACTURER'S SPECIFICATIONS.
  (VI) AZEOTROPIC CONTROL UNITS  MUST  BE  MAINTAINED  AND  OPERATED  IN
ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND SPECIFICATIONS.
  (D)  FIRST  GENERATION  MACHINES. AN EXISTING FACILITY WITH A TRANSFER
MACHINE OPERATING A FULL-SIZED CARBON  ADSORBER  OR  AZEOTROPIC  CONTROL

A. 5846                            20

SYSTEM,  AND  CARTRIDGE FILTERS MUST MEET THE APPLICABLE REQUIREMENTS OF
SECOND GENERATION MACHINES.
  (E)  ANCILLARY  EQUIPMENT.    (I) ALL FILTER MUCK MUST BE TREATED IN A
STILL OR MUCK COOKER, WHICH ROUTES PERC-CONTAMINATED VAPORS TO A CONDEN-
SER OR OTHER CONTROL DEVICE  AND  RECYCLES  CONDENSER  VAPORS  INTO  THE
MACHINE.  STILL  OR  MUCK  COOKER  EMISSIONS MUST NOT BE VENTED INTO THE
FACILITY. ANY STILL, OR MUCK COOKER, MUST NOT BE OPERATED  IN  A  MANNER
THAT  EXCEEDS  SEVENTY-FIVE  PERCENT OF ITS CAPACITY; OR OTHER ALTERNATE
VALUE RECOMMENDED BY THE MANUFACTURER.  ANY STILL, OR MUCK COOKER,  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.  WHENEVER  POSSIBLE
SUCH  OPERATIONS  MUST BE PERFORMED SO THAT THE OPENING OF SUCH TRAPS IS
DONE QUICKLY WITH THE LOCAL OR GENERAL EXHAUST SYSTEM OPERATING TO MINI-
MIZE PERC EMISSIONS.
  (III) PERC-CONTAMINATED WASTEWATER TREATMENT UNITS.
  (A) CARBON FILTRATION UNITS-CARBON CARTRIDGES MUST BE REPLACED ACCORD-
ING TO A SCHEDULE AS SPECIFIED BY THE MANUFACTURER TO ASSURE AN EFFLUENT
QUALITY THAT DOES NOT EXCEED 20 PPB PERC.
  (B) EVAPORATORS - PERC CONTAMINATED  WASTEWATER  EVAPORATORS  MUST  BE
OPERATED TO ENSURE THAT NO LIQUID PERC OR VISIBLE EMULSION IS ALLOWED TO
VAPORIZE.
  (IV)  DIP  TANKS  AND DRYING CABINETS MUST BE EXHAUSTED TO MAINTAIN AN
INWARD AIR FLOW, AND BE MAINTAINED UNDER NEGATIVE  PRESSURE,  TO  ENSURE
THAT  FUGITIVE  EMISSIONS  SHALL BE NO GREATER THAN 50 PPM. VENTED EMIS-
SIONS FROM DIP TANKS AND DRYING CABINETS MUST NOT EXCEED 20 PPM.
  (F) THE OWNER OR OPERATOR OF A DRY CLEANING SYSTEM MUST  MAINTAIN  THE
FOLLOWING EQUIPMENT AS RECOMMENDED BY MANUFACTURER SPECIFICATIONS:
  (I) HOSE AND PIPE CONNECTIONS, FITTINGS, COUPLINGS, AND UNIONS;
  (II) DOOR GASKETS AND SEATINGS;
  (III) FILTER GASKETS AND SEATINGS;
  (IV) PUMPS;
  (V) WATER SEPARATORS;
  (VI) MUCK COOKER;
  (VII) STILLS;
  (VIII) EXHAUST DAMPERS;
  (IX) DIVERTER VALVES;
  (X) CARTRIDGE FILTER HOUSINGS;
  (XI) DRYING SENSORS.
  (G) PREPAREDNESS AND PREVENTION.
  (I) ALL DRY CLEANING OPERATIONS MUST BE EQUIPPED WITH THE FOLLOWING:
  (A)  ADEQUATE  SPILL CONTROL EQUIPMENT INCLUDING SORBENT MATERIALS, OR
ALTERNATIVE METHOD FOR ABSORBING SPILLS,
  (B) VAPOR-PROOF CONTAINERS FOR  STORING  SPILL-CONTAMINATED  MATERIAL,
AND
  (C) FIRE CONTROL EQUIPMENT.
  (II)  THE  FACILITY  OWNER  MUST  MAINTAIN AISLE SPACE TO ALLOW PROPER
INSPECTION OF THE DRY CLEANING EQUIPMENT.
  (III) A REASONABLE SUPPLY OF SPARE PARTS FOR  REPAIRING  DRY  CLEANING
EQUIPMENT MUST BE AVAILABLE AT THE DRY CLEANING FACILITY.
  (H)  ALL PARTS OF THE 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 MAINTE-
NANCE.
S 19-1315. PERC-CONTAMINATED WASTEWATER MANAGEMENT.

A. 5846                            21

  PERC-CONTAMINATED WASTEWATER GENERATED BY FACILITIES SUBJECT  TO  THIS
TITLE MUST BE MANAGED AS FOLLOWS:
  (1) PERC-CONTAMINATED WASTEWATER DISCHARGES.
  (A)  PERC-CONTAMINATED WASTEWATER THAT IS DISCHARGED TO A SEWER SYSTEM
MUST BE TREATED BY PHYSICAL  SEPARATION  (WATER  SEPARATOR)  AND  DOUBLE
CARBON  FILTRATION,  OR AN EQUIVALENT CONTROL WHICH HAS BEEN APPROVED BY
THE DEPARTMENT, WHICH HAS BEEN PROPERLY DESIGNED TO ASSURE  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.
  (B) ALL PERC-CONTAMINATED WASTEWATER DISCHARGES TO SURFACE AND GROUND-
WATERS MUST CONFORM TO THE REQUIREMENTS OF THIS CHAPTER.
  (2) EVAPORATION OF PERC-CONTAMINATED WASTEWATER.
  PERC-CONTAMINATED WASTEWATER THAT IS EVAPORATED  MUST  BE  TREATED  BY
PHYSICAL SEPARATION (WATER SEPARATOR) AND DOUBLE CARBON FILTRATION PRIOR
TO EVAPORATION.
S 19-1317. HAZARDOUS WASTE MANAGEMENT.
  (1)  ANY PERC-CONTAMINATED WASTES GENERATED MUST BE MANAGED IN ACCORD-
ANCE WITH THIS CHAPTER.  PERC-CONTAMINATED WASTEWATER MUST BE HANDLED AS
PROVIDED IN SECTION 19-1315 OF THIS TITLE.
  (2) ALL PERC-CONTAMINATED WASTES (INCLUDING SPENT  CARTRIDGE  FILTERS,
SPENT  CARBON, STILL BOTTOMS, AND LINT) MUST BE STORED IN TIGHTLY SEALED
CONTAINERS, WHICH ARE IMPERMEABLE TO THE SOLVENT; SO  THAT  NO  PERC  IS
EMITTED TO THE ATMOSPHERE.
  (3)  CONTAINERS  MUST  BE APPROPRIATELY LABELED AND STORED IN A DESIG-
NATED AREA.
  (4) CONTAINERS MUST BE IN GOOD  CONDITION  AND  MUST  BE  KEPT  CLOSED
EXCEPT WHEN NECESSARY TO ADD OR REMOVE WASTE.
  (5) RECEIPTS OR RECORDS SHOWING THE DATE AND VOLUME OF HAZARDOUS WASTE
SHIPMENTS MUST BE RETAINED FOR FIVE YEARS.
S 19-1319. EMERGENCY RESPONSE.
  (1)  DRY  CLEANING  SYSTEMS  MUST BE OPERATED AND MAINTAINED TO ENSURE
THAT PERC RELEASES ARE CONTAINED AND DO NOT MIGRATE TO SEWER SYSTEMS  OR
GROUNDWATER.
  (A) FOR EXISTING DRY CLEANING EQUIPMENT:
  (I) FLOOR DRAINS AND FLOORING IN THE VICINITY OF THE EQUIPMENT MUST BE
SEALED SO AS TO BE IMPERMEABLE TO SPILLS, OR
  (II)  TEMPORARY DIKES, BERMS AND CONTAINMENT DEVICES MUST BE PLACED IN
AREAS WHERE SPILLS ARE MOST LIKELY TO OCCUR AND PROCEDURES FOR  PREVENT-
ING SPILL MIGRATION MUST BE ESTABLISHED AND FOLLOWED.
  (B) FOR NEW DRY CLEANING EQUIPMENT, A SPILL CONTAINMENT SYSTEM MUST BE
INSTALLED UNDER THE EQUIPMENT.
  (2)  IN THE EVENT OF A PERC 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 CONTAIN-
ING RELEASED PERC AND REMOVING AND MAINTAINING CONTAINERS.
  (3) IF THE FACILITY OPERATOR DETERMINES THE FACILITY HAS HAD AN UNCON-
TAINABLE RELEASE, FIRE OR EXPLOSION, HE OR SHE MUST REPORT THE  FINDINGS
TO THE DEPARTMENT AND APPROPRIATE EMERGENCY RESPONSE AGENCIES IMMEDIATE-
LY.
  (4)  ANY  EMERGENCY RESPONSE ACTION MUST BE RECORDED. THIS RECORD MUST
INCLUDE, AT A MINIMUM:
  (A) THE DATE, DURATION AND NATURE OF ANY MALFUNCTION, SPILL  OR  INCI-
DENT OF THE DRY CLEANING SYSTEM;

A. 5846                            22

  (B) THE NOTIFICATION PROCEDURES; AND,
  (C) THE CORRECTIVE ACTIONS TAKEN.
S 19-1321. REPORTING AND RECORDKEEPING.
  (1)  OPERATORS  OF ALL DRY CLEANING FACILITIES OR THEIR DESIGNEES MUST
RECORD THE FOLLOWING:
  (A) THE DATE, DURATION AND NATURE OF ANY MALFUNCTION, SPILL, INCIDENT,
OR EMERGENCY RESPONSE AT THE FACILITY;
  (B) 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);
  (C) THE NUMBER OF LOADS BETWEEN REGENERATIONS; CLEANING  AND  REPLACE-
MENT  OF  LINT  FILTERS,  AND  CARBON  ADSORBER  PRE-FILTERS;  REPAIR OR
REPLACEMENT OF EXHAUST FANS;
  (D) THE AMOUNT OF ACTIVATED CARBON IN CARBON ADSORBERS (DRY WEIGHT  IN
POUNDS);
  (E) THE DATE OF MAINTENANCE OF DRYING SENSORS;
  (F) THE DATE AND VOLUME OF HAZARDOUS WASTE SHIPMENTS; AND
  (G)  THE  DATES  OF PERC-CONTAMINATED WASTEWATER TREATMENT UNIT CARBON
CARTRIDGE REPLACEMENT.
  (2) EACH OWNER OR OPERATOR  OF  A  DRY  CLEANING  FACILITY  MUST  KEEP
RECEIPTS OF PERC PURCHASES, A LOG OF THE FOLLOWING INFORMATION, MAINTAIN
SUCH  INFORMATION  ON  SITE  AND PROVIDE IT UPON REQUEST FOR A PERIOD OF
FIVE YEARS:
  (A) THE VOLUME OF PERC PURCHASED EACH MONTH BY THE DRY CLEANING FACIL-
ITY AS RECORDED FROM PERC PURCHASES; IF NO PERC IS  PURCHASED  DURING  A
GIVEN MONTH THEN THE OWNER OR OPERATOR WOULD ENTER ZERO GALLONS INTO THE
LOG;
  (B)  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.
  (II)  IF  NO  PERC PURCHASES WERE MADE IN A GIVEN MONTH, THEN THE PERC
CONSUMPTION FOR THAT MONTH IS ZERO GALLONS.
  (III) THE TOTAL SUM CALCULATED IS THE YEARLY PERC CONSUMPTION  AT  THE
FACILITY.
  (3)  EACH OWNER OR OPERATOR OF A DRY CLEANING FACILITY MUST RECORD THE
FOLLOWING INFORMATION ON AN INSPECTION CHECKLIST.
  (A) THE DATES WHEN THE DRY CLEANING SYSTEM  COMPONENTS  ARE  INSPECTED
FOR  PERCEPTIBLE  LEAKS  AS  SPECIFIED  UNDER THE INSPECTION AND TESTING
REQUIREMENTS, AND THE NAME OR LOCATION OF DRY CLEANING SYSTEM COMPONENTS
WHERE PERCEPTIBLE LEAKS ARE DETECTED;
  (B) THE DATE, TIME AND COLORIMETRIC DETECTOR TUBE MONITORING  RESULTS,
IF A CARBON ADSORBER IS USED FOR PRIMARY OR SECONDARY EMISSION CONTROL;
  (C)  THE  DATE,  TIME  AND  TEMPERATURE  SENSOR MONITORING RESULTS FOR
REFRIGERATED CONDENSERS;
  (D) THE DATES OF REPAIR AND RECORDS OF WRITTEN OR  VERBAL  ORDERS  FOR
REPAIR  PARTS  TO DEMONSTRATE COMPLIANCE WITH THE INSPECTION AND TESTING
REQUIREMENTS, IN SECTION 19-1311 OF THIS TITLE.
  (4) EACH OWNER OR OPERATOR OF A DRY CLEANING FACILITY MUST  RETAIN  ON
SITE  COPIES  OF THE OPERATION AND MAINTENANCE CHECKLISTS AND COMPLIANCE
INSPECTION REPORTING FORMS.
  (5) EACH OWNER OR OPERATOR OF A DRY CLEANING FACILITY 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.

A. 5846                            23

  (6) 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.
  (7)  NEW  FACILITIES,  OR  FACILITIES  INSTALLING  NEW EQUIPMENT, MUST
SUBMIT A COMPLIANCE REPORT WITHIN THIRTY DAYS OF COMMENCING OPERATION TO
CERTIFY COMPLIANCE WITH THE FEDERAL NESHAP REQUIREMENTS. THIS  STATEMENT
MUST INCLUDE:
  (A) THE NAME AND ADDRESS OF THE OWNER OR OPERATOR;
  (B)  THE  ADDRESS  (THAT  IS,  PHYSICAL  LOCATION) OF THE DRY CLEANING
FACILITY;
  (C) AN ESTIMATION OF THE ANNUAL PERC CONSUMPTION;
  (D) A DESCRIPTION OF THE MACHINES' CONTROL DEVICES;
  (E) A STATEMENT VERIFYING COMPLIANCE WITH EACH APPLICABLE  REQUIREMENT
UNDER 40 CFR SECTIONS 63.322, 63.323, AND 63.324; AND
  (F)  A  STATEMENT  CERTIFYING  THAT  ALL  INFORMATION CONTAINED IN THE
STATEMENT IS ACCURATE AND TRUE.
  (8) FACILITIES EXCEEDING THE CONSUMPTION THRESHOLDS IDENTIFIED  IN  40
CFR SECTION 63.620(D), (E), OR (G) MUST SUBMIT A COMPLIANCE REPORT WITH-
IN  THIRTY  DAYS  OF  THE COMPLIANCE DEADLINE OF ONE HUNDRED EIGHTY DAYS
CERTIFYING COMPLIANCE WITH ANY  ADDITIONAL  FEDERAL  REQUIREMENTS.  THIS
STATEMENT MUST INCLUDE:
  (A) THE NAME AND ADDRESS OF THE OWNER OR OPERATOR;
  (B)  THE  ADDRESS  (THAT  IS,  PHYSICAL  LOCATION) OF THE DRY CLEANING
FACILITY;
  (C) AN ESTIMATION OF THE ANNUAL PERC CONSUMPTION;
  (D) A DESCRIPTION OF THE MACHINES' CONTROL DEVICES;
  (E) A STATEMENT VERIFYING COMPLIANCE WITH EACH APPLICABLE  REQUIREMENT
UNDER 40 CFR SECTIONS 63.322, 63.323, AND 63.324; AND
  (F)  A  STATEMENT  CERTIFYING  THAT  ALL  INFORMATION CONTAINED IN THE
STATEMENT IS ACCURATE AND TRUE.
S 19-1323. EQUIPMENT TESTING AND CERTIFICATION.
  (1) PROHIBITIONS AND REQUIREMENTS. THE PROVISIONS OF THIS  SUBDIVISION
SHALL  BE  EFFECTIVE SIXTY DAYS AFTER THE DATE THAT THE FIRST QUALIFYING
TESTING PROGRAM IS APPROVED BY THE DEPARTMENT OR ITS AGENT.
  (A) ONLY THE FOLLOWING KINDS OF DRY CLEANING EQUIPMENT  ARE  PERMITTED
TO  BE  INSTALLED IN PERC DRY CLEANING FACILITIES SUBJECT TO THIS TITLE:
NEW CLOSED LOOP DRY CLEANING MACHINES; CONVERTED DRY CLEANING  MACHINES;
DOOR  FAN  SYSTEMS;  OR, ADD-ON SECONDARY CONTROL SYSTEMS WHICH MEET THE
DESIGN AND  PERFORMANCE  STANDARDS  AND  TESTING  REQUIREMENTS  OF  THIS
SECTION.  UNLESS  OTHERWISE  SPECIFIED  IN  THIS TITLE, THE DRY CLEANING
EQUIPMENT AS MANUFACTURED AND INSTALLED MUST COMPLY IN ALL RESPECTS WITH
THE UNIT UPON WHICH CERTIFICATION BY THE DEPARTMENT  OR  ITS  AGENT  WAS
BASED.
  (B)  ANY  MANUFACTURER  OR  VENDOR OF ANY NEW CLOSED LOOP DRY CLEANING
EQUIPMENT THAT IS TO BE INSTALLED IN AND USED BY A DRY CLEANING FACILITY
IN NEW YORK STATE MUST APPLY FOR  AND  RECEIVE  CERTIFICATION  FROM  THE
DEPARTMENT  OR ITS AGENT THAT THE EQUIPMENT TO BE INSTALLED AND OPERATED
COMPLIES IN ALL RESPECTS WITH  THE  PERFORMANCE  STANDARDS  AND  TESTING
REQUIREMENTS  OF  THIS  TITLE. SUCH CERTIFICATION MUST INCLUDE OPERATING
PARAMETERS UNDER WHICH THE  EQUIPMENT  WAS  TESTED  TO  RECEIVE  CERTIF-
ICATION.
  (C) IT IS UNLAWFUL FOR ANY PERSON TO SELL, OFFER FOR SALE, CAUSE TO BE
OFFERED FOR SALE, LEASE OR REPRESENT NEW CLOSED LOOP DRY CLEANING EQUIP-
MENT  OR  ANY OTHER MACHINE OR SYSTEM DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION AS ONE WHICH CAN BE USED BY A DRY CLEANING FACILITY  IN  NEW
YORK STATE UNLESS IT HAS BEEN CERTIFIED BY THE DEPARTMENT OR ITS AGENT.

A. 5846                            24

  (D)  THE  CONTRACT  OF SALE, LEASE, OR USE BETWEEN THE MANUFACTURER OR
VENDOR AND DRY CLEANING EQUIPMENT USER MUST CONTAIN,  AT  A  MINIMUM,  A
PROVISION  STATING  THAT  THE MANUFACTURER OR VENDOR MUST, UPON REQUEST,
PROVIDE THE USER WITH A COPY OF THE CERTIFICATION OF  THE  EQUIPMENT  BY
THE DEPARTMENT OR ITS AGENT, AS REQUIRED IN THIS TITLE.
  (E)  THE MANUFACTURER OR VENDOR MUST PROVIDE IMMEDIATE NOTIFICATION TO
THE DEPARTMENT OF ANY GENERIC DESIGN OR FUNCTIONAL DEFECT DISCOVERED  IN
THE  EQUIPMENT. SUCH NOTICE MUST INCLUDE A DETAILED PLAN OF THE MANUFAC-
TURER'S OR VENDOR'S REMEDY.
  (F) AFTER THE CERTIFIED DRY CLEANING EQUIPMENT HAS BEEN  INSTALLED  AT
THE  USER'S  FACILITY, THE MANUFACTURER OR MANUFACTURER'S REPRESENTATIVE
MUST SUPPLY AT LEAST A TWO-DAY TRAINING  SESSION  TO  THE  PURCHASER  OR
LEASEE.  THE  TRAINING  MUST  INCLUDE INSTRUCTION ON HOW TO MAINTAIN AND
OPERATE THE DRY CLEANING MACHINE. THIS REQUIREMENT  DOES  NOT  APPLY  TO
ADD-ON DOOR FAN SYSTEMS DESIGNED TO CAPTURE DRUM VAPORS WHEN THE DOOR IS
OPEN.
  (2)  EQUIPMENT TESTING. FOR A GIVEN DESIGN, A SINGLE TEST PROGRAM MUST
BE CONDUCTED IN ACCORDANCE WITH THE  FOLLOWING  PROCEDURES:  THE  PERSON
CONDUCTING  THE  TEST  PROGRAM  MUST  PREPARE  A  WRITTEN TEST PLAN THAT
DESCRIBES, IN DETAIL, THE DRY CLEANING MACHINE AND CONTROL SYSTEMS BEING
TESTED, THE TEST PROTOCOL, AND TEST METHODS.
  (A) TEST PROGRAM AND  SCOPE.    A  MINIMUM  OF  THREE  TESTS  MUST  BE
CONDUCTED  FOR  EACH  TEST  PROGRAM  ON EACH CONTROL SYSTEM DESIGN.  ALL
TESTS FOR A SINGLE TEST PROGRAM MUST BE CONDUCTED ON A SINGLE DRY CLEAN-
ING MACHINE.
  (B) TEST CONDITIONS.  TESTING MUST BE CONDUCTED UNDER NORMAL OPERATING
CONDITIONS, UNLESS OTHERWISE SPECIFIED.
  (I) FOR PRIMARY CONTROL SYSTEMS AND SECONDARY  CONTROL  SYSTEMS,  EACH
TEST MUST BE CONDUCTED DURING THE CLEANING OF ONE LOAD OF MATERIALS.
  (A)  THE MACHINE MUST BE FILLED TO NO LESS THAN ONE HUNDRED PERCENT OF
ITS CAPACITY WITH ARTICLES FOR EACH TEST.  AT LEAST SEVENTY  PERCENT  OF
THE LOAD TO BE CLEANED MUST BE WOOL OR PADDED MATERIAL.
  (B) THE WEIGHT OF ARTICLES MUST BE RECORDED FOR EACH TEST.
  (II) A PRIMARY CONTROL SYSTEM MUST BE TESTED ON A CLOSED-LOOP MACHINE,
OR A CONVERTED MACHINE, WITHOUT A SECONDARY CONTROL SYSTEM.
  (III)  A  SECONDARY  CONTROL  SYSTEM  MUST  BE TESTED ON A CLOSED-LOOP
MACHINE.
  (A) AN INTEGRAL SECONDARY CONTROL  SYSTEM  MUST  BE  TESTED  WITH  THE
PRIMARY CONTROL SYSTEM OPERATING NORMALLY.
  (B) AN ADD-ON SECONDARY CONTROL SYSTEM MUST BE TESTED INDEPENDENT OF A
PRIMARY  CONTROL  SYSTEM  AND THE INITIAL PERC CONCENTRATION IN THE DRUM
MUST BE 8600 PPM OR GREATER.
  (C) TEST METHOD.   EQUIPMENT MUST BE TESTED  IN  ACCORDANCE  WITH  THE
FOLLOWING  METHODS.    FOR PRIMARY CONTROL SYSTEMS AND SECONDARY CONTROL
SYSTEMS:
  (I) THE TEMPERATURE OF THE AIR  IN  THE  DRUM  MUST  BE  MEASURED  AND
RECORDED  CONTINUOUSLY  DURING  THE  ENTIRE  DRYING CYCLE, INCLUDING THE
OPERATION OF THE SECONDARY CONTROL SYSTEM.
  (II) SAMPLING MUST BE CONDUCTED AS FOLLOWS:
  (A)  FOR  PRIMARY  CONTROL  SYSTEMS  AND  INTEGRAL  SECONDARY  CONTROL
SYSTEMS,  SAMPLING  MUST  BEGIN  AT  THE  END OF THE DRYING CYCLE AND BE
COMPLETED WITHIN FIVE MINUTES.
  (B) FOR ADD-ON SECONDARY CONTROL SYSTEMS, SAMPLING MUST BE  DONE  WHEN
THE  CONCENTRATION  OF  PERC  IS  8600 PPM OR GREATER AND AGAIN WHEN THE
CONCENTRATION REACHES 300 PPM OR LESS.

A. 5846                            25

  (C) SAMPLING MUST BE COMPLETED PRIOR TO THE  OPENING  OF  THE  MACHINE
DOOR AND ACTIVATION OF ANY FUGITIVE CONTROL SYSTEM.
  (III) THE PERC CONCENTRATION IN THE DRUM MUST BE DETERMINED BY ANALYT-
ICAL METHODS APPROVED BY THE DEPARTMENT OR ITS AGENT.
  (A)  THE  PERSON  OR  ORGANIZATION  CONDUCTING  THE  TEST PROGRAM MUST
INCLUDE THE PROPOSED ANALYTICAL METHODS IN THE REQUIRED TEST PLAN.
  (B) ALL TEST RESULTS MUST BE PROVIDED TO THE DEPARTMENT  UPON  REQUEST
FOR CERTIFICATION OF EQUIPMENT.
  (3) CERTIFICATION OF DRY CLEANING EQUIPMENT.
  (A)  THE  MANUFACTURER  OR  VENDOR  OF THE DRY CLEANING EQUIPMENT MUST
SUBMIT THE FOLLOWING TO THE DEPARTMENT  OR  ITS  AGENT  WHEN  REQUESTING
CERTIFICATION  OF THE EQUIPMENT.  SEPARATE DOCUMENTATION MUST BE SUBMIT-
TED FOR EACH DRY CLEANING EQUIPMENT  DESIGN,  MARKETED  UNDER  DIFFERENT
NAMES OR MODEL NUMBERS, THAT THE DEPARTMENT IS REQUESTED TO CERTIFY.
  (I)  A  DETAILED  DESCRIPTION  OF  THE  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) A DESCRIPTION OF HOW PROGRAM UPDATES AND  MODIFICATIONS  WILL  BE
MADE IN ANY MICROPROCESSOR SOFTWARE, IF APPLICABLE;
  (III)  A  COPY  OF  THE  DRY  CLEANING  EQUIPMENT WARRANTY AND SERVICE
CONTRACTS, INCLUDING A DESCRIPTION OF THE SERVICING  NETWORK  AND  PARTS
AVAILABILITY  TO  BE ESTABLISHED TO SERVE DRY CLEANING FACILITIES WITHIN
THE STATE;
  (IV) A DETAILED DESCRIPTION OF THE PROPOSED  TRAINING  PROGRAM  TO  BE
CONDUCTED  ON-SITE  AT  THE DRY CLEANING FACILITY FOR THE OWNERS, OPERA-
TORS, AND EMPLOYEES;
  (V) A COPY OF THE OPERATOR'S MANUAL, WRITTEN IN PLAIN LANGUAGE, COVER-
ING USE, MAINTENANCE, AND PARTS AND SERVICE INFORMATION,  THAT  MUST  BE
PROVIDED WITH THE DRY CLEANING EQUIPMENT; AND
  (VI) SUCH OTHER MATERIAL OR INFORMATION AS THE DEPARTMENT OR ITS AGENT
MAY REQUIRE TO ASCERTAIN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.
  (B)  EACH  MANUFACTURER  OR VENDOR OF DRY CLEANING EQUIPMENT FOR WHICH
CERTIFICATION IS REQUESTED MUST MAINTAIN CALIBRATING  SERVICING  TO  THE
USER  FACILITY FOR AT LEAST FIVE YEARS FOR ANY SENSORS OR INTEGRAL MEAS-
URING DEVICES THAT ARE CRUCIAL TO  THE  CONTINUED  COMPLIANCE  WITH  ANY
PERFORMANCE STANDARDS UNDER THIS TITLE.
  (C)  EACH  MANUFACTURER  OR VENDOR OF DRY CLEANING EQUIPMENT FOR WHICH
CERTIFICATION IS REQUESTED MUST CERTIFY TO THE DEPARTMENT OR  ITS  AGENT
THAT THE EQUIPMENT COMPLIES WITH ALL OTHER APPLICABLE NEW YORK STATE AND
FEDERAL  CERTIFICATION  REQUIREMENTS.    THE MANUFACTURER OR VENDOR MUST
SUBMIT COPIES OF ANY APPROPRIATE APPROVAL OR CERTIFICATION.
  (D) THE DEPARTMENT OR ITS AGENT MUST PERFORM  TESTING,  IN  ACCORDANCE
WITH THIS SECTION, FOR ANY DRY CLEANING EQUIPMENT FOR WHICH THE MANUFAC-
TURER OR VENDOR REQUESTS CERTIFICATION.
  (I)  THE  MANUFACTURER  OR  VENDOR  MUST PROVIDE A PRODUCTION UNIT FOR
TESTING AT THE TIME THAT THE DEPARTMENT OR ITS  AGENT  IS  REQUESTED  TO
CERTIFY THE EQUIPMENT;
  (II)  THE  MANUFACTURER  MUST  DEMONSTRATE  THAT THE UNIT PROVIDED FOR
TESTING AND CERTIFICATION WAS SELECTED AT  RANDOM  FROM  THE  PRODUCTION
PROCESS AND IS TYPICAL OF ALL UNITS PRODUCED BY THE MANUFACTURER;
  (III)  WHEN  THE  INITIAL  TESTING REVEALS ANY CONDITION THAT REQUIRES
CORRECTION OR REPAIRS BY THE MANUFACTURER OR VENDOR, THE  DEPARTMENT  OR
ITS  AGENT  SHALL  RETEST THE EQUIPMENT AS SOON AS PRACTICABLE AFTER THE
MANUFACTURER OR VENDOR COMPLETES WHATEVER MODIFICATIONS MAY  BE  NEEDED;
AND

A. 5846                            26

  (IV)  THE  DEPARTMENT  OR  ITS  AGENT SHALL NOTIFY THE MANUFACTURER OR
VENDOR OF ANY DEFICIENCIES IN THE EQUIPMENT THAT WOULD PREVENT  IT  FROM
BEING CERTIFIED.
S  19-1325.  DRY CLEANING OWNER/MANAGER, OPERATOR AND INSPECTOR TRAINING
AND CERTIFICATION.
  (1) NO DRY CLEANING FACILITY SUBJECT TO THIS TITLE SHALL BE  PERMITTED
TO  OPERATE  UNLESS  SAID  FACILITY IS UNDER THE SUPERVISION OF A PERSON
POSSESSING A DRY  CLEANING  OWNER/MANAGER  CERTIFICATION;  AND  THE  DRY
CLEANING MACHINE IS OPERATED BY A PERSON HOLDING A DRY CLEANING OPERATOR
CERTIFICATION.    EXCEPT FOR THE CONDITIONS ESTABLISHED IN SUBDIVISION 2
OF THIS SECTION, IT IS UNLAWFUL FOR ANY PERSON TO OPERATE A DRY CLEANING
FACILITY SUBJECT TO THIS TITLE UNLESS:
  (A) THE FACILITY MANAGER AND/OR OWNER HAS  A  CURRENT  AND  VALID  DRY
CLEANING OWNER/MANAGER CERTIFICATION; AND
  (B)  THE  PERSON  OPERATING THE DRY CLEANING MACHINE HAS A CURRENT AND
VALID DRY CLEANING OPERATOR CERTIFICATION.
  (2) IN THE EVENT THAT AN UNFORESEEN/UNPREDICTABLE SITUATION PREVENTS A
DRY CLEANING FACILITY FROM HAVING A CERTIFIED OPERATOR OPERATING THE DRY
CLEANING EQUIPMENT, THE OWNER/MANAGER SHALL BE ALLOWED TO CONTINUE OPER-
ATION OF THE DRY CLEANING MACHINE WITH A NON-CERTIFIED  OPERATOR  FOR  A
PERIOD  NOT TO EXCEED THREE DAYS PER OCCURRENCE.  UNDER NO CIRCUMSTANCES
MAY AN UNCERTIFIED OPERATOR OPERATE DRY CLEANING EQUIPMENT AT ANY FACIL-
ITY FOR A TOTAL OF MORE THAN TEN DAYS IN ANY CALENDAR YEAR.  IF, THE USE
OF AN UNCERTIFIED OPERATOR WOULD CAUSE NONPERFORMANCE OF REQUIRED  MAIN-
TENANCE AND LEAK DETECTION, THE FACILITY MUST SUSPEND DRY CLEANING OPER-
ATIONS  UNTIL  A  CERTIFIED OPERATOR IS AVAILABLE.   THE PURPOSE OF THIS
PROVISION IS TO ACCOMMODATE EMERGENCY OR UNFORESEEN EXTENUATING  CIRCUM-
STANCES  AND  MUST  NOT  BE  USED  TO  COVER  ROUTINE SITUATIONS SUCH AS
VACATIONS, OR OTHER SCHEDULED ABSENCES.
  (3) A DRY CLEANING OWNER/MANAGER CERTIFICATION MAY BE  ISSUED  BY  ANY
ORGANIZATION  THAT OFFERS A TRAINING PROGRAM (INCLUDING REFRESHER COURS-
ES) APPROVED BY THE DEPARTMENT THAT INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING ELEMENTS:
  (A) 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  DRY  CLEANING  SYSTEMS  INCLUDING  ENVIRONMENTAL
CONTROL EQUIPMENT AND GENERAL AND LOCAL EXHAUST VENTILATION SYSTEMS;
  (VIII)  OPERATION  OF  DRY  CLEANING  SYSTEMS  INCLUDING ENVIRONMENTAL
CONTROL EQUIPMENT AND THE USE OF PERC-CONTAMINATED  WASTEWATER  EVAPORA-
TORS;
  (IX)  MAINTENANCE  OF  DRY CLEANING SYSTEMS INCLUDING SPILL PREVENTION
TECHNIQUES;
  (X) INSPECTION AND TESTING OF DRY CLEANING SYSTEMS FOR LEAKS AND FUGI-
TIVE EMISSIONS;
  (XI) MONITORING OF PERC LEVELS IN THE AIR;
  (XII) MAXIMIZING PERC RECLAMATION AND MILEAGE; AND,

A. 5846                            27

  (XIII) WASTE HANDLING REQUIREMENTS TO MINIMIZE PERC LOSS TO THE  ENVI-
RONMENT.
  (B) ADMINISTRATION. THE COURSE ADMINISTRATION MUST INCLUDE:
  (I)  TESTING  BY  AN  INDEPENDENT  TESTING  ORGANIZATION, COVERING ALL
TOPICS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION; AND
  (II) PROCEDURES FOR REVOCATION OF CERTIFICATION.
  (4) A DRY CLEANING OPERATOR CERTIFICATION MAY BE ISSUED BY ANY  ORGAN-
IZATION  THAT OFFERS A TRAINING AND TESTING PROGRAM (INCLUDING REFRESHER
COURSES) APPROVED BY THE DEPARTMENT THAT INCLUDES, BUT  IS  NOT  LIMITED
TO, THE FOLLOWING ELEMENTS:
  (A) 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  DRY  CLEANING  SYSTEMS  INCLUDING  ENVIRONMENTAL
CONTROL EQUIPMENT AND THE USE OF PERC-CONTAMINATED  WASTEWATER  EVAPORA-
TORS;
  (VIII)  MAINTENANCE OF DRY CLEANING SYSTEMS INCLUDING SPILL PREVENTION
TECHNIQUES;
  (IX) INSPECTION AND TESTING OF 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 ENVI-
RONMENT.
  (B) ADMINISTRATION. THE PROGRAM ADMINISTRATION MUST INCLUDE:
  (I) A HANDS ON PROGRAM DESIGNED TO TEST AN ACCEPTABLE LEVEL  OF  KNOW-
LEDGE.  SUCCESSFUL COMPLETION OF THE PROGRAM MUST INCLUDE A DEMONSTRATED
KNOWLEDGE OF ALL TOPICS LISTED IN PARAGRAPH (A) OF SUBDIVISION 3 OF THIS
SECTION.
  (II) PROCEDURES FOR REVOCATION OF CERTIFICATE.
  (5) INDIVIDUALS THAT INSPECT DRY  CLEANING  FACILITIES,  EITHER  AS  A
REGISTERED INSPECTOR OR UNDER THE SUPERVISION OF A REGISTERED INSPECTOR,
MUST OBTAIN A DRY CLEANER OWNER/MANAGER CERTIFICATION.
  (6)  EFFECTIVE  DATE  FOR  DRY CLEANING OWNER/MANAGER AND DRY CLEANING
OPERATOR CERTIFICATION. AFTER THE DATE OF THE FIRST QUALIFYING  TRAINING
PROGRAM APPROVED BY THE DEPARTMENT, THE REQUIREMENTS OF THIS SUBDIVISION
SHALL  TAKE  EFFECT  AND  THE  FIRST TRAINING AND CERTIFICATION SHALL BE
MANDATORY ACCORDING TO THE FOLLOWING SCHEDULE:
  (A) UPON START UP FOR ALL OPERATORS OF  NEW  DRY  CLEANING  FACILITIES
UNLESS  THE  FACILITY OWNER/MANAGER CAN DEMONSTRATE THAT COMPLIANCE WITH
THIS REQUIREMENT POSES AN UNREASONABLE BURDEN BECAUSE  OF  THE  UNAVAIL-
ABILITY OF SCHEDULED TRAINING COURSES OR TESTING FACILITIES;
  (B) THREE MONTHS FOR OPERATORS OF ALL EXISTING DRY CLEANING FACILITIES
THAT ARE IN MIXED-USE LOCATIONS AND THAT CONTAIN TRANSFER MACHINES;
  (C)  SIX  MONTHS FOR OPERATORS OF ALL EXISTING DRY CLEANING FACILITIES
IN MIXED-USE LOCATIONS THAT CONTAIN DRY-TO-DRY VENTED  MACHINES  BUT  DO
NOT CONTAIN TRANSFER MACHINES;
  (D)  NINE  MONTHS  FOR  OPERATORS  OF ALL THE REST OF THE EXISTING DRY
CLEANING FACILITIES IN MIXED-USE LOCATIONS;
  (E) TWELVE MONTHS FOR OPERATORS OF ALL EXISTING DRY  CLEANING  FACILI-
TIES IN STAND-ALONE LOCATIONS THAT CONTAIN TRANSFER MACHINES;

A. 5846                            28

  (F)  FIFTEEN  MONTHS  FOR  OPERATORS  OF  ALL THE REST OF EXISTING DRY
CLEANING FACILITIES IN STAND-ALONE  LOCATIONS  THAT  CONTAIN  DRY-TO-DRY
VENTED MACHINES BUT DO NOT CONTAIN TRANSFER MACHINES; AND,
  (G)  EIGHTEEN  MONTHS  FOR  OPERATORS  OF ALL THE REST OF EXISTING DRY
CLEANING FACILITIES IN STAND-ALONE LOCATIONS.
  (7) A DRY CLEANING OPERATOR CERTIFICATION SHALL BE VALID FOR  A  THREE
YEAR PERIOD AND MAY BE RENEWED UPON COMPLETION OF A REFRESHER COURSE.
  (8) PERSONS OR ORGANIZATIONS AUTHORIZED TO OFFER OPERATOR TRAINING AND
CERTIFICATION  COURSES  MAY  NOT REQUIRE MEMBERSHIP IN AN ASSOCIATION OR
PURCHASE OF A PRODUCT AS A  PREREQUISITE  TO  ENROLLMENT  OR  SUCCESSFUL
COMPLETION OF THE COURSE.
  (9)  AN  AUTHORIZATION  TO  OFFER  OPERATOR TRAINING AND CERTIFICATION
COURSES IS VALID FOR A MAXIMUM OF FIVE YEARS. THE AUTHORIZATION  MAY  BE
RENEWED BY FILING AN APPLICATION PROVIDED BY THE DEPARTMENT. SUCH APPLI-
CATION  MUST BE FILED AT LEAST SIX MONTHS PRIOR TO THE EXPIRATION OF THE
CURRENT AUTHORIZATION.
  (10) THE COMMISSIONER SHALL, IN CONJUNCTION  WITH  REPRESENTATIVES  OF
THE  EMPLOYEES,  OWNERS  AND OPERATORS OF DRY CLEANING FACILITIES IN NEW
YORK STATE, DEVELOP DRY CLEANING TRAINING PROGRAMS TO  ENHANCE  EMPLOYEE
AND  OWNER  UNDERSTANDING  OF  DRY CLEANING TECHNOLOGIES AND ALTERNATIVE
CLEANING METHODS  AS  WELL  AS  BUSINESS  AND  EMPLOYMENT  SKILLS.  SUCH
PROGRAMS  SHALL  BE  ADMINISTERED  BY THE DEPARTMENT AND PROVIDED BY DRY
CLEANING EMPLOYEES, OWNERS AND  OPERATORS.  ALL  EMPLOYEES,  OWNERS  AND
OPERATORS  OF  DRY  CLEANING  FACILITIES  SHALL  BE REQUIRED TO ATTEND A
TRAINING PROGRAM ONCE EVERY TWO YEARS.
S 19-1327. PERMITTING.
  (1) ANY PERSON PROPOSING TO CONSTRUCT A NEW PERC DRY CLEANING  FACILI-
TY,  OR  MAKE MODIFICATIONS TO EXISTING SYSTEMS THAT ARE NOT REQUIRED IN
ORDER TO COMPLY WITH THE EQUIPMENT STANDARDS UNDER  SECTION  19-1309  OF
THIS  TITLE,  MUST  APPLY  FOR  A PERMIT AND RECEIVE DEPARTMENT APPROVAL
BEFORE COMMENCING CONSTRUCTION OR INSTALLATION, EXCEPT AS  PROVIDED  FOR
IN THE PRE-PERMITTING REQUIREMENTS FOR EXISTING FACILITIES.
  (2)  ANY  PERSON  WHO  OWNS AN EXISTING FACILITY SUBJECT TO THIS TITLE
MUST TAKE ONE OR MORE OF THE FOLLOWING ACTIONS WITHIN THE  TIME  PERIODS
SPECIFIED  BELOW  IN  ORDER  TO  INFORM THE DEPARTMENT OF THE COMPLIANCE
STATUS OF THEIR FACILITY AND OBTAIN NECESSARY PERMITS AS OF  THE  EFFEC-
TIVE  DATE  OF  THIS  TITLE.  THOSE  FACILITIES PREVIOUSLY EXEMPTED, AND
THEREFORE NOT CURRENTLY REQUIRED TO HAVE PERMITS TO OPERATE EXISTING DRY
CLEANING SYSTEMS, SHALL  BE  CONSIDERED  TO  BE  IN  COMPLIANCE  IF  THE
PROVISIONS  OF  PARAGRAPHS  (A),  (B),  AND  (C) OF THIS SUBDIVISION ARE
COMPLIED WITH.
  (A) SUBMIT TO THE DEPARTMENT WRITTEN NOTIFICATION OF  THE  TERMINATION
OF  OPERATION  OF  EACH DRY CLEANING SYSTEM AT THE FACILITY THAT MUST BE
REPLACED AS REQUIRED BY THIS  TITLE  ON  OR  BEFORE  THE  THIRTIETH  DAY
FOLLOWING  THE  COMPLIANCE  DEADLINES  ESTABLISHED IN SECTION 19-1309 OF
THIS TITLE. SUCH NOTIFICATION MUST BE SUBMITTED  TO  THE  DEPARTMENT  BY
MEANS OF CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
  (B)  FOR  EXISTING  FACILITIES  THAT  ARE IN COMPLIANCE WITH EQUIPMENT
STANDARDS UNDER SECTION 19-1309 OF THIS TITLE, THE OWNER MUST  OBTAIN  A
REGISTRATION  IN  ACCORDANCE WITH REGULATIONS TO CONTINUE TO OPERATE THE
DRY CLEANING SYSTEMS. REGISTRATION APPLICATIONS  MUST  BE  SUBMITTED  AT
LEAST  SIXTY CALENDAR DAYS IN ADVANCE OF THE APPLICABLE COMPLIANCE DEAD-
LINE.
  (C) FOR EXISTING FACILITIES WHERE DRY CLEANING SYSTEMS MUST  BE  MODI-
FIED  OR  REPLACED  IN  ORDER  TO  COMPLY WITH EQUIPMENT STANDARDS UNDER
SECTION 19-1309 OF THIS TITLE REGISTRATION APPLICATIONS MUST BE  SUBMIT-

A. 5846                            29

TED  TO  THE  DEPARTMENT AT LEAST NINETY CALENDAR DAYS IN ADVANCE OF THE
APPLICABLE COMPLIANCE DEADLINES.
  (3)  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISIONS 1 AND 2 OF THIS
SECTION, PERC DRY CLEANING FACILITIES THAT ARE MAJOR STATIONARY  SOURCES
MUST  COMPLY  WITH ALL REQUIREMENTS IN THE RULES AND REGULATIONS PROMUL-
GATED PURSUANT TO THIS CHAPTER WITH REGARD TO OBTAINING A TITLE V FACIL-
ITY PERMIT.
S 19-1329. COMPLIANCE INSPECTIONS.
  (1) STAND-ALONG DRY CLEANING FACILITIES MUST  BE  INSPECTED  AT  LEAST
ANNUALLY,  AND  MIXED-USE  FACILITIES MUST BE INSPECTED ACCORDING TO THE
FOLLOWING SCHEDULE:
  (A) AT LEAST TWICE ANNUALLY WHERE ANY TRANSFER  OR  DRY-TO-DRY  VENTED
EQUIPMENT IS OPERATED; OR
  (B) AT LEAST ANNUALLY WHERE ONLY NON-VENTED EQUIPMENT IS OPERATED.
  (2) SUCH INSPECTIONS MUST BE PERFORMED BY AN INSPECTOR REGISTERED WITH
THE  DEPARTMENT  OR  BY AN INDIVIDUAL WORKING UNDER THE SUPERVISION OF A
REGISTERED INSPECTOR.
  (3) ALL REGISTERED INSPECTORS MUST MEET THE REQUIREMENTS OF PARAGRAPHS
(A), (B) AND (C) OF THIS SUBDIVISION. ALL INDIVIDUALS WORKING UNDER  THE
SUPERVISION  OF  A  REGISTERED  INSPECTOR  MUST MEET THE REQUIREMENTS OF
PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.
  (A) THE INSPECTOR MUST BE ONE OF THE FOLLOWING:
  (I) A LICENSED PROFESSIONAL ENGINEER;
  (II) A REGISTERED ARCHITECT; OR
  (III) A CERTIFIED INDUSTRIAL HYGIENIST.
  (B) MUST POSSESS A DRY CLEANER OWNER/MANAGER CERTIFICATION IN  ACCORD-
ANCE  WITH  SECTION 19-1325 OF THIS TITLE AND COMPLETE OTHER APPROPRIATE
TRAINING  AS  SPECIFIED  BY  THE  DEPARTMENT  ON   TOPICS   RELATED   TO
INSPECTIONS.
  (C)  MUST  NOT  BE  ENGAGED  IN THE SALES OR MARKETING OF DRY CLEANING
EQUIPMENT. MUST NOT BE ENGAGED IN PROVIDING SERVICES TO THE 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.
  (4) THE DEPARTMENT MUST BE NOTIFIED OF ALL INSPECTIONS, IN WRITING  AT
LEAST  SEVEN  DAYS  PRIOR  TO  INSPECTION,  IN  A FORM ACCEPTABLE TO THE
DEPARTMENT, BY THE REGISTERED INSPECTOR.
  (5) INSPECTIONS MUST BE CONDUCTED IN ACCORDANCE WITH PROTOCOLS  SPECI-
FIED  BY THE DEPARTMENT, USING AN INSPECTION REPORTING FORM SPECIFIED BY
THE DEPARTMENT.
  (6) ANALYSIS OF AIR SAMPLES COLLECTED BY PASSIVE SAMPLING  DEVICES  OR
THE  EQUIVALENT MUST BE CONDUCTED BY A LABORATORY CERTIFIED BY THE ENVI-
RONMENTAL LABORATORY APPROVAL PROGRAM  (ELAP)  OF  THE  NEW  YORK  STATE
DEPARTMENT OF HEALTH.
  (7)  THE  INSPECTION SHALL VERIFY THAT THE DEPARTMENT NOTICE IS POSTED
IN A CONSPICUOUS LOCATION IN THE FACILITY.
  (8) AFTER THE INSPECTION IS COMPLETED, THE REGISTERED  INSPECTOR  MUST
PROVIDE  A  COMPLETED INSPECTION REPORTING FORM TO THE DEPARTMENT AND TO
THE FACILITY OWNER WITHIN FORTY-FIVE DAYS OF THE INSPECTION.
  (9) 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.
  (10) THE OWNER/MANAGER OR OPERATOR MUST:
  (A) MAKE AVAILABLE UPON REQUEST THE MOST RECENT  COMPLETED  INSPECTION
REPORTING  FORM  TO INTERESTED INDIVIDUALS FOR REVIEW ON PREMISES DURING
NORMAL BUSINESS HOURS.

A. 5846                            30

  (B) IF THE INSPECTION REVEALS A LEAK OR MALFUNCTION, THE FACILITY MUST
BE REPAIRED WITH THE TIMEFRAMES ESTABLISHED IN SECTION 19-1311  OF  THIS
TITLE AND REINSPECTED WITHIN ONE MONTH.
S 19-1331. EQUIVALENCY.
  (1)  ANY PERSON REQUESTING THAT USE OF ALTERNATIVE EQUIPMENT OR PROCE-
DURES BE CONSIDERED BY THE DEPARTMENT, AS EQUIVALENT TO THE REQUIREMENTS
UNDER SECTION 19-1309 OF THIS TITLE, MUST COLLECT, VERIFY AND SUBMIT  TO
THE  DEPARTMENT  THE  FOLLOWING INFORMATION TO SHOW THAT THE ALTERNATIVE
ACHIEVES EQUIVALENT EMISSION REDUCTIONS:
  (A) DIAGRAMS, AS APPROPRIATE, ILLUSTRATING THE EMISSION CONTROL  TECH-
NOLOGY,  ITS OPERATION AND INTEGRATION INTO OR FUNCTION WITH CLOSED LOOP
THIRD  GENERATION  MACHINES  AND  DRY-TO-DRY  VENTED  SECOND  GENERATION
MACHINES;
  (B)  INFORMATION  INDICATING  THE LEVELS OF VENTED PERC EMISSIONS FROM
DRY-TO-DRY SECOND GENERATION MACHINES DURING EACH  PORTION  OF  THE  DRY
CLEANING  CYCLE WITH AND WITHOUT THE USE OF ALTERNATIVE EMISSION CONTROL
TECHNOLOGY THAT IS BEING TESTED, AND INFORMATION INDICATING  THE  LEVELS
OF FUGITIVE EMISSIONS FROM ALL EQUIPMENT;
  (C)  INFORMATION  DETAILING OPERATION AND MAINTENANCE REQUIREMENTS AND
APPROPRIATE TESTING PARAMETERS  CONSISTENT  WITH  SECTIONS  19-1311  AND
19-1313 OF THIS TITLE;
  (D)  INFORMATION  DEMONSTRATING  THAT  THE  ENVIRONMENTAL  IMPACTS ARE
CONSISTENT WITH SECTIONS 19-1311 AND 19-1313 OF THIS TITLE; AND,
  (E) DOCUMENTATION ON SOLVENT MILEAGE (POUNDS OF ARTICLES  CLEANED  PER
GALLON  OF  SOLVENT ADDED) ACHIEVED WITH AND WITHOUT USE OF THE ALTERNA-
TIVE EMISSION CONTROL  TECHNOLOGY.  SOLVENT  MILEAGE  DATA  MUST  BE  OF
CONTINUOUS  DURATION  FOR  AT  LEAST  ONE YEAR UNDER THE CONDITIONS OF A
TYPICAL DRY CLEANING OPERATION. THIS INFORMATION ON SOLVENT MILEAGE MUST
BE ACCOMPANIED BY INFORMATION ON THE DESIGN,  CONFIGURATION,  OPERATION,
AND  MAINTENANCE  OF  THE  SPECIFIC  DRY  CLEANING SYSTEM FROM WHICH THE
SOLVENT MILEAGE INFORMATION WAS OBTAINED.
  (2) INFORMATION INDICATING THE LEVEL OF EMISSIONS  REQUIRED  IN  PARA-
GRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS SECTION MUST ACHIEVE EMISSION
REDUCTIONS EQUAL TO OR LESS THAN THOSE STATED IN SECTION 19-1309 OF THIS
TITLE FOR COMPARATIVE TECHNOLOGY.
  (3) FOR THE PURPOSE OF DETERMINING EQUIVALENCY OF CONTROL OF EMISSIONS
TO THOSE REQUIRED UNDER THIS TITLE, THE DEPARTMENT SHALL EVALUATE WHETH-
ER THE ALTERNATIVE CONTROL TECHNOLOGY HAS BEEN DEMONSTRATED  ADEQUATELY.
IF  THE  DEMONSTRATION  IS ADEQUATE, THE ALTERNATIVE TECHNOLOGY SHALL BE
ELIGIBLE FOR CERTIFICATION.
  (4) ANY DECISION MADE BY THE DEPARTMENT IN  ACCORDANCE  WITH  SUBDIVI-
SIONS  1, 2 AND 3 OF THIS SECTION IS CONTINGENT UPON REVIEW AND APPROVAL
BY EPA.
S 19-1333. POSTING NOTICE.
  (1) EVERY PERC-BASED DRY CLEANING FACILITY SHALL BE REQUIRED TO PROMI-
NENTLY POST A NOTICE PREPARED  AND  SUPPLIED  BY  THE  DEPARTMENT  IN  A
CONSPICUOUS  LOCATION  IN  THE  DRY  CLEANING  FACILITY WHICH IS READILY
ACCESSIBLE TO ALL BUILDING  TENANTS  AND  CUSTOMERS.  THE  NOTICE  SHALL
CONTAIN  THE FOLLOWING STATEMENTS AND INFORMATION, PRINTED IN LETTERS AT
LEAST 3/8" OR LARGER IN SIZE:
  (A) "THIS DRY CLEANING FACILITY USES THE CHEMICAL COMMONLY CALLED PERC
(ALSO CALLED  TETRACHLORETHENE,  TETRACHLOROETHYLENE  OR  PERCHLOROETHY-
LENE)."
  (B)  "THE FOLLOWING POTENTIAL HEALTH EFFECTS ARE ASSOCIATED WITH EXPO-
SURE TO PERC EMISSIONS:

A. 5846                            31

  (I) PERC HAS BEEN CLASSIFIED BY THE INTERNATIONAL AGENCY FOR  RESEARCH
ON  CANCER AS A 'PROBABLE HUMAN CARCINOGEN', WHICH MEANS THERE ARE RELI-
ABLE STUDIES OF HUMAN POPULATIONS EXPOSED TO  PERC  THAT  SHOW  ELEVATED
CANCER RATES.
  (II)  EXPOSURE  TO PERC CAUSES DAMAGE TO THE LIVER, KIDNEY AND CENTRAL
NERVOUS SYSTEM.
  (III) PERC MAY BE ABSORBED INTO THE BODY AFTER  INGESTION,  INHALATION
OR CONTACT WITH THE SKIN.
  (IV) PERC IS CLASSIFIED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY AS
A HAZARDOUS AIR POLLUTANT.
  (C) "YOU SHOULD 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 TELEPHONE NUMBER)."
  (D)  "YOU  MAY  REQUEST  INFORMATION  FROM  THIS  DRY  CLEANER   ABOUT
INSPECTIONS  THAT  MAY  HAVE  BEEN CONDUCTED AT THIS FACILITY, INCLUDING
INDOOR AIR TESTING."
  (E) NAME OF DRY CLEANING FACILITY, DEPARTMENT PERMIT  OR  REGISTRATION
NUMBER,  FACILITY  ADDRESS,  FACILITY OWNER, EMERGENCY CONTACT TELEPHONE
NUMBER.
  (2) THE SIGN MUST BE AT LEAST ELEVEN INCHES  BY  SEVENTEEN  INCHES  IN
SIZE; AND YELLOW WITH BLACK LETTERING.
S 19-1335. SEVERABILITY.
  IF  ANY  PROVISION  OF  THIS TITLE OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE  REMAINDER  OF  THIS  TITLE,  AND  THE
APPLICATION  OF THOSE PROVISIONS TO PERSONS OTHER THAN THOSE TO WHICH IT
IS HELD INVALID, SHALL NOT BE AFFECTED THEREBY.
  S 2. The department of  environmental  conservation  shall  take  such
actions as are necessary and appropriate to have perc-based dry cleaning
facilities located in residential buildings phased out within five years
of the effective date of this act.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.