S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          378
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. PERRY
         --  read once and referred to the Committee on Environmental Conserva-
         tion
       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:
    1    Section 1. Article 19 of the environmental conservation law is amended
    2  by adding a new title 13 to read as follows:
    3                                  TITLE 13
    4                  PERCHLOROETHYLENE DRY CLEANING FACILITIES
    5  SECTION 19-1301. DEFINITIONS.
    6          19-1303. VARIANCES.
    7          19-1305. PROHIBITIONS.
    8          19-1307. PRE-PERMITTING REQUIREMENTS FOR EXISTING FACILITIES.
    9          19-1309. EQUIPMENT STANDARDS AND SPECIFICATIONS.
   10          19-1311. LEAK INSPECTION AND SELF MONITORING REQUIREMENTS.
   11          19-1313. OPERATION AND MAINTENANCE REQUIREMENTS.
   12          19-1315. PERC-CONTAMINATED WASTEWATER MANAGEMENT.
   13          19-1317. HAZARDOUS WASTE MANAGEMENT.
   14          19-1319. EMERGENCY RESPONSE.
   15          19-1321. REPORTING AND RECORDKEEPING.
   16          19-1323. EQUIPMENT TESTING AND CERTIFICATION.
   17          19-1325.  DRY  CLEANING  OWNER/MANAGER,  OPERATOR  AND INSPECTOR
   18                     TRAINING AND CERTIFICATION.
   19          19-1327. PERMITTING.
   20          19-1329. COMPLIANCE INSPECTIONS.
   21          19-1331. EQUIVALENCY.
   22          19-1333. POSTING NOTICE.
   23          19-1335. SEVERABILITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04048-01-5
       A. 378                              2
    1  S 19-1301. DEFINITIONS.
    2    FOR THE PURPOSE OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
    3    (1)  ADSORPTIVE  CARTRIDGE FILTER. A REPLACEABLE CARTRIDGE FILTER THAT
    4  CONTAINS DIATOMACEOUS EARTH OR ACTIVATED CLAY AS THE FILTER MEDIUM.
    5    (2) ANCILLARY EQUIPMENT.  THE  EQUIPMENT  USED  WITH  A  DRY  CLEANING
    6  MACHINE IN A DRY CLEANING SYSTEM INCLUDING, BUT NOT LIMITED TO, EMISSION
    7  CONTROL  DEVICES,  PUMPS,  FILTERS, MUCK COOKERS, STILLS, SOLVENT TANKS,
    8  SOLVENT CONTAINERS, WATER SEPARATORS, EXHAUST DAMPERS, DIVERTER  VALVES,
    9  INTERCONNECTING PIPING, HOSES AND DUCTS.
   10    (3)  ARTICLES.  CLOTHING,  GARMENTS, TEXTILES, FABRICS, LEATHER GOODS,
   11  AND THE LIKE, THAT ARE DRY CLEANED.
   12    (4) AZEOTROPIC CONTROL DEVICE. A DRY  CLEANING  CONTROL  SYSTEM  WHERE
   13  PERC  EMISSIONS  FROM  THE  DRY  CLEANING  MACHINE  ARE FIRST COOLED AND
   14  CONDENSED, AND ARE THEN TREATED WITH WATER TO FURTHER DISPLACE PERC FROM
   15  THE ARTICLES UPON BEING RETURNED TO THE DRYER,  CONDENSER,  AND  SOLVENT
   16  STORAGE  TANK.  THERE  IS NO EXHAUST TO THE ATMOSPHERE DURING THE DRYING
   17  CYCLE.
   18    (5) CARBON ADSORBER. AN AIR CLEANING DEVICE THAT CONSISTS OF AN  INLET
   19  FOR  EXHAUST  GASES FROM A DRY CLEANING MACHINE; ACTIVATED CARBON IN THE
   20  FORM OF A FIXED BED, CARTRIDGE, OR CANISTER, AS AN ADSORBENT; AN  OUTLET
   21  FOR  EXHAUST  GASES;  AND  A  SYSTEM TO REGENERATE, OR RECLAIM SATURATED
   22  ADSORBENT.
   23    (6) CARTRIDGE FILTER. A REPLACEABLE CARTRIDGE FILTER THAT CONTAINS ONE
   24  OF THE FOLLOWING AS THE FILTER MEDIUM: PAPER, ACTIVATED CARBON, OR PAPER
   25  AND ACTIVATED CARBON. A CARTRIDGE FILTER CONTAINS NO DIATOMACEOUS  EARTH
   26  OR  ACTIVATED  CLAY.  CARTRIDGE FILTERS INCLUDE, BUT ARE NOT LIMITED TO:
   27  STANDARD FILTER, SPLIT FILTERS, "JUMBO" FILTERS, AND ALL CARBON  POLISH-
   28  ING FILTERS.
   29    (7)  CLOSED-LOOP  MACHINE.  DRY  CLEANING  EQUIPMENT IN WHICH WASHING,
   30  EXTRACTION, AND DRYING ARE ALL PERFORMED IN THE SAME SINGLE  UNIT  (ALSO
   31  KNOWN  AS  A  DRY-TO-DRY  UNIT)  AND WHICH RECIRCULATES PERC-LADEN VAPOR
   32  THROUGH A PRIMARY CONTROL SYSTEM (E.G. REFRIGERATED CONDENSER)  WITH  NO
   33  EXHAUST TO THE ATMOSPHERE DURING THE DRYING CYCLE. A CLOSED-LOOP MACHINE
   34  MAY  ALLOW FOR VENTING TO THE AMBIENT AIR THROUGH A LOCAL EXHAUST VENTI-
   35  LATION SYSTEM, SUCH AS A DOOR FAN, AFTER THE DRYING  CYCLE  IS  COMPLETE
   36  AND ONLY WHILE THE MACHINE DOOR IS OPEN.
   37    (8)  CO-LOCATED. SHARING A COMMON WALL, FLOOR, OR CEILING WITH A RESI-
   38  DENCE OR BUSINESS.
   39    (9) COLORIMETRIC DETECTOR TUBE. A GLASS TUBE (SEALED  PRIOR  TO  USE),
   40  CONTAINING  MATERIAL  IMPREGNATED  WITH  A CHEMICAL THAT IS SENSITIVE TO
   41  PERC AND IS DESIGNED TO MEASURE THE CONCENTRATION OF PERC IN AIR.
   42    (10) COMMERCIAL BUILDING. ANY BUILDING WHERE ONLY COMMERCIAL  BUSINESS
   43  IS CONDUCTED, SUCH AS AN OFFICE BUILDING OR STRIP MALL.
   44    (11) CONDENSER. AN AIR CLEANING DEVICE THAT REMOVES CONDENSABLE VAPORS
   45  BY  A  REDUCTION IN THE TEMPERATURE OF THE EXHAUST GASES OR, IN THE CASE
   46  OF A SURFACE CONDENSER, BY CONTACT OF THE EXHAUST GASES WITH  STRUCTURES
   47  THAT ARE COOLED BY A CIRCULATING COOLING FLUID.
   48    (12) CONVERTED MACHINE. AN EXISTING VENTED MACHINE THAT HAS BEEN MODI-
   49  FIED  TO  BE  A  CLOSED-LOOP  MACHINE  BY ELIMINATING THE AERATION STEP,
   50  INSTALLING A PRIMARY CONTROL SYSTEM, AND PROVIDING FOR RECIRCULATION  OF
   51  THE  PERC-LADEN  VAPOR  WITH  NO  EXHAUST  TO THE ATMOSPHERE OR WORKROOM
   52  DURING THE DRYING CYCLE. A CONVERTED MACHINE MAY ALLOW  FOR  VENTING  TO
   53  THE  AMBIENT  AIR  THROUGH A LOCAL EXHAUST VENTILATION SYSTEM, SUCH AS A
   54  DOOR FAN, AFTER THE DRYING CYCLE IS COMPLETE AND ONLY WHILE THE  MACHINE
   55  DOOR IS OPEN.
       A. 378                              3
    1    (13)  COOL-DOWN.  THE PORTION OF THE DRYING CYCLE THAT BEGINS WHEN THE
    2  HEATING MECHANISM DEACTIVATES AND THE REFRIGERATED  CONDENSER  CONTINUES
    3  TO  REDUCE  THE TEMPERATURE OF THE AIR RECIRCULATING THROUGH THE DRUM TO
    4  REDUCE THE CONCENTRATION OF PERC IN THE DRUM.
    5    (14) DESORPTION. REGENERATION OR STRIPPING OF AN ACTIVATED CARBON BED,
    6  OR  ANY  OTHER TYPE OF VAPOR ADSORBER BY REMOVAL OF THE ADSORBED SOLVENT
    7  USING HOT AIR, STEAM, OR OTHER MEANS.
    8    (15) DIP TANK. A SEPARATE TANK THAT CONTAINS  PERC  AND  IS  USED  FOR
    9  PURPOSES OTHER THAN DRY CLEANING (E.G. WATERPROOFING).
   10    (16) DIVERTER VALVE. A FLOW CONTROL DEVICE THAT PREVENTS ROOM AIR FROM
   11  PASSING THROUGH A REFRIGERATED CONDENSER WHEN THE DOOR OF A DRY CLEANING
   12  MACHINE IS OPEN.
   13    (17)  DOOR FAN. A LOCAL EXHAUST VENTILATION SYSTEM DESIGNED TO PROVIDE
   14  FOR A MINIMUM 100 FPM INWARD AIR VELOCITY OR EQUIVALENT INTO THE  EFFEC-
   15  TIVE  DOOR  OPEN  AREA  OF  A  DRY CLEANING MACHINE WHENEVER THE DOOR IS
   16  OPENED, AND WHERE THE PERC EMISSIONS ARE CONTROLLED BY A CARBON ADSORBER
   17  OR EQUIVALENT CONTROL PRIOR TO VENTING TO THE OUTER AIR.
   18    (18) DRUM. THE ROTATING CYLINDER OR WHEEL OF THE DRY CLEANING  MACHINE
   19  THAT HOLDS THE ARTICLES BEING CLEANED.
   20    (19)  DRY  CLEANING.  THE PROCESS USED TO REMOVE SOIL, GREASES, PAINTS
   21  AND OTHER UNWANTED SUBSTANCES FROM ARTICLES WITH THE USE OF PERC.
   22    (20) DRY CLEANING CONTROL SYSTEM.  EQUIPMENT  (E.G.  CARBON  ADSORBER,
   23  REFRIGERATED CONDENSER, AZEOTROPIC UNIT, ETC.) OR AN AIR CLEANING DEVICE
   24  USED  TO REDUCE THE AMOUNT OF AIR POLLUTANT(S) IN AN AIR STREAM PRIOR TO
   25  DISCHARGE TO THE ATMOSPHERE.
   26    (21) DRY CLEANING EQUIPMENT. ANY MACHINE, DEVICE, OR APPARATUS USED TO
   27  DRY CLEAN ARTICLES.
   28    (22) DRY CLEANING FACILITY. AN ESTABLISHMENT  WITH  ONE  OR  MORE  DRY
   29  CLEANING SYSTEMS.
   30    (23)  DRY CLEANING SYSTEM. ALL OF THE FOLLOWING EQUIPMENT, DEVICES, OR
   31  APPARATUS ASSOCIATED WITH THE PERC DRY CLEANING  OPERATIONS,  INCLUDING,
   32  BUT  NOT  LIMITED  TO:  DRY  CLEANING  EQUIPMENT; FILTER OR PURIFICATION
   33  SYSTEMS; WASTE HOLDING, TREATMENT,  OR  DISPOSAL  SYSTEMS;  PERC  SUPPLY
   34  SYSTEMS;  DIP  TANKS; PUMPS; GASKETS; PIPING, DUCTING, FITTINGS, VALVES,
   35  OR FLANGES THAT CONVEY PERC-CONTAMINATED AIR; AND DRY  CLEANING  CONTROL
   36  SYSTEMS.
   37    (24)  DRYING  CABINET.  A  HOUSING  IN  WHICH MATERIALS THAT HAVE BEEN
   38  PREVIOUSLY DRY CLEANED IN PERC ARE  DRIED  INSTEAD  OF  BEING  DRIED  BY
   39  TUMBLING IN A DRY CLEANING MACHINE.
   40    (25)  DRYING  CYCLE.  THE  OPERATION  USED TO ACTIVELY REMOVE THE PERC
   41  REMAINING IN THE MATERIALS AFTER WASHING AND EXTRACTION. FOR CLOSED-LOOP
   42  MACHINES, THE HEATED PORTION OF THE CYCLE IS FOLLOWED BY  COOL-DOWN  AND
   43  MAY  BE EXTENDED BEYOND COOL-DOWN BY THE ACTIVATION OF A CONTROL SYSTEM.
   44  THE DRYING CYCLE BEGINS WHEN HEATING COILS ARE ACTIVATED AND  ENDS  WHEN
   45  THE MACHINE CEASES ROTATION OF THE DRUM.
   46    (26)  DRYING  SENSOR. A DEVICE THAT SENSES WHEN ARTICLES BEING CLEANED
   47  ARE RELATIVELY DRY AND AUTOMATICALLY CONTROLS THE DRYING CYCLE.   DRYING
   48  SENSORS  INCLUDE  BUT  ARE  NOT  LIMITED  TO:  INFRARED ANALYZERS, FLOAT
   49  SWITCHES, AND RESISTANCE PROBES. THE DEVICE DETECTS THE CONCENTRATION OF
   50  SYNTHETIC SOLVENTS IN THE DRYING AIR OR THAT THE LIQUID SOLVENT RECOVERY
   51  RATE IS AT A MINIMAL RATE. THE DRYING SENSOR EXTENDS  THE  DRYING  CYCLE
   52  FOR A MINIMUM TIME BEYOND THE ACTIVATION POINT TO DRY ARTICLES.
   53    (27) DRY-TO-DRY MACHINE. A ONE-MACHINE DRY CLEANING OPERATION IN WHICH
   54  DRYING AND WASHING ARE PERFORMED IN THE SAME MACHINE.
   55    (28)  DRY-TO-DRY VENTED MACHINE. DRY CLEANING EQUIPMENT IN WHICH WASH-
   56  ING, EXTRACTION, AND DRYING ARE ALL PERFORMED IN THE  SAME  SINGLE  UNIT
       A. 378                              4
    1  AND  IN  WHICH FRESH AIR IS INTRODUCED INTO THE DRUM IN THE LAST STEP OF
    2  THE DRYING CYCLE AND EXHAUSTED TO THE OUTDOOR ATMOSPHERE, EITHER DIRECT-
    3  LY OR THROUGH A CONTROL DEVICE (2ND GENERATION EQUIPMENT).
    4    (29)  ENVIRONMENTAL TRAINING PROGRAM. AN INITIAL COURSE OR A REFRESHER
    5  COURSE OF THE ENVIRONMENTAL TRAINING PROGRAM, FOR OWNERS  AND  OPERATORS
    6  OF  PERC DRY CLEANING OPERATIONS THAT HAS BEEN AUTHORIZED BY THE DEPART-
    7  MENT.
    8    (30) EQUIVALENT CLOSED-LOOP VAPOR RECOVERY SYSTEM. A DEVICE OR  COMBI-
    9  NATION  OF  DEVICES THAT ACHIEVES, IN PRACTICE, A PERC RECOVERY PERFORM-
   10  ANCE EQUAL TO OR EXCEEDING THAT OF REFRIGERATED CONDENSERS.
   11    (31) EXISTING FACILITY. ANY FACILITY THAT WAS PERMITTED BY THIS  TITLE
   12  OR  AT  WHICH DRY CLEANING EQUIPMENT WAS OPERATED PRIOR TO THE EFFECTIVE
   13  DATE OF THIS TITLE.
   14    (32) FACILITY. ANY STRUCTURE OR BUILDING OR  GROUP  OF  STRUCTURES  OR
   15  BUILDINGS  LOCATED,  OWNED BY ONE PERSON, AND LOCATED ON THE SAME PARCEL
   16  OR CONTIGUOUS PARCELS, IN WHICH PERC DRY CLEANING EQUIPMENT IS  OPERATED
   17  OR SET UP TO OPERATE.
   18    (33)  FILTER  MUCK. THE RESIDUE FROM A FILTER USING LOOSE DIATOMACEOUS
   19  EARTH, WHICH MUST BE REPLACED PERIODICALLY.
   20    (34) FIRST GENERATION EQUIPMENT. TRANSFER MACHINES WHERE CLEANING  AND
   21  DRYING  (RECLAIMING)  TAKE  PLACE  IN  SEPARATE MACHINES WITH THE MANUAL
   22  TRANSFER OF ARTICLES FROM ONE MACHINE TO ANOTHER.
   23    (35) FOURTH GENERATION EQUIPMENT. A PRIMARY  CLOSED-LOOP  REFRIGERATED
   24  DRY  CLEANING  MACHINE  THAT  HAS  A  "SECONDARY  CONTROL  SYSTEM" (I.E.
   25  CLOSED-LOOP REFRIGERATED CONDENSER WITH A DRYING SENSOR AND AN  INTEGRAL
   26  CARBON ADSORBER).
   27    (36) FPM. FEET PER MINUTE.
   28    (37) FUGITIVE EMISSIONS. THOSE EMISSIONS OF REGULATED AIR CONTAMINANTS
   29  WHICH  COULD NOT REASONABLY PASS THROUGH A STACK, CHIMNEY, VENT OR OTHER
   30  FUNCTIONALLY-EQUIVALENT OPENINGS.
   31    (38) FULL-TIME EMPLOYEE. ANY PERSON WHO IS EMPLOYED AT THE DRY  CLEAN-
   32  ING  FACILITY AND AVERAGES AT LEAST THIRTY HOURS PER WEEK IN ANY NINETY-
   33  DAY PERIOD.
   34    (39) FULL-SIZE CARBON UNIT. A CARBON UNIT THAT IS USED TO ADSORB  PERC
   35  FROM A DRY CLEANING MACHINE WHEN THE VAPORS ARE RECIRCULATING OR VENTING
   36  FROM  THE  DRUM  DURING  THE  DRYING  CYCLE. (NORMALLY USED ON FIRST AND
   37  SECOND GENERATION EQUIPMENT).
   38    (40) GENERAL EXHAUST VENTILATION SYSTEM. A MECHANICAL  EXHAUST  VENTI-
   39  LATION  SYSTEM  CONSISTING  OF  FRESH AIR MAKE-UP INLETS AND ONE OR MORE
   40  EXHAUST FANS IN A DRY CLEANING FACILITY, THAT PRIMARILY EXHAUSTS  A  DRY
   41  CLEANING WORKROOM; ALSO USED WITH A ROOM ENCLOSURE.
   42    (41)  HALOGENATED-HYDROCARBON  DETECTOR.  A PORTABLE DEVICE CAPABLE OF
   43  DETECTING VAPOR CONCENTRATIONS OF  PERC  AND  INDICATING  AN  INCREASING
   44  CONCENTRATION  BY  EMITTING  AN  AUDIBLE SIGNAL OR VISUAL INDICATOR THAT
   45  VARIES AS THE CONCENTRATION CHANGES.
   46    (42) LIQUID LEAK. A LEAK OF LIQUID CONTAINING PERC OF  MORE  THAN  ONE
   47  DROP EVERY THREE MINUTES.
   48    (43)  LOCAL  EXHAUST  VENTILATION  SYSTEM. A MECHANICAL EXHAUST VENTI-
   49  LATION SYSTEM CONNECTED DIRECTLY TO VENT A DRY CLEANING MACHINE OR OTHER
   50  RELATED DRY CLEANING EQUIPMENT. FOR EXAMPLE, THE  EXHAUST  SYSTEM  ON  A
   51  DOOR FAN FOR A THIRD GENERATION MACHINE.
   52    (44)  MAJOR  SOURCE.  A  DRY  CLEANING  FACILITY THAT EMITS OR HAS THE
   53  POTENTIAL TO EMIT MORE THAN 9.1 MEGAGRAMS PER YEAR (10 TONS PER YEAR) OF
   54  PERCHLOROETHYLENE TO THE ATMOSPHERE. IN LIEU OF MEASURING  A  FACILITY'S
   55  POTENTIAL  TO  EMIT PERCHLOROETHYLENE EMISSIONS OR DETERMINING A FACILI-
   56  TY'S POTENTIAL TO  EMIT  PERCHLOROETHYLENE  EMISSIONS,  A  DRY  CLEANING
       A. 378                              5
    1  FACILITY  IS A MAJOR SOURCE IF: (A) IT INCLUDES ONLY DRY-TO-DRY MACHINES
    2  AND HAS A TOTAL YEARLY PERCHLOROETHYLENE CONSUMPTION GREATER THAN  8,000
    3  LITERS (2,100 GALLONS) OR, (B) IT INCLUDES ONLY TRANSFER MACHINE SYSTEMS
    4  OR BOTH DRY-TO-DRY MACHINES AND TRANSFER MACHINE SYSTEMS AND HAS A TOTAL
    5  YEARLY  PERCHLOROETHYLENE  CONSUMPTION  GREATER THAN 6,800 LITERS (1,800
    6  GALLONS).
    7    (45) MIXED-USE FACILITY. A FACILITY THAT IS CO-LOCATED.
    8    (46) MUCK COOKER. A DEVICE FOR HEATING FILTER MUCK TO DRIVE  OFF  PERC
    9  VAPORS FOR RECLAIMING.
   10    (47)  NEW  FACILITY. A FACILITY THAT WAS NOT USED FOR THE OPERATION OF
   11  ANY DRY CLEANING EQUIPMENT PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.
   12    (48) OCCUPANCY. ANY BUILDING OR PART OF A BUILDING, EXCLUDING THE  DRY
   13  CLEANING FACILITY.
   14    (49) OPENINGS. ANY WINDOW, DOOR OR AIR INTAKE.
   15    (50) PERCEPTIBLE LEAK. ANY PERC VAPOR OR LIQUID LEAKS THAT ARE OBVIOUS
   16  FROM THE ODOR OF PERC, POOLS OR DROPLETS OF PERC OR THE DETECTION OF GAS
   17  FLOW  BY  PASSING  A  FINGER  OVER  THE  SURFACE OF THE EQUIPMENT, OR AS
   18  DETECTED BY AN APPROPRIATE PORTABLE MONITORING INSTRUMENT.
   19    (51) PERC. A COLORLESS VOLATILE CHLORINATED HYDROCARBON. PERC IS  ALSO
   20  KNOWN  AS  TETRACHLOROETHYLENE AND PCE. THE CHEMICAL FORMULA FOR PERC IS
   21  C1{2}C:CC1{2}. THE CAS REGISTRY NUMBER FOR PERC IS 00127-18-4.
   22    (51-A) PERC-BASED DRY CLEANING FACILITY.  ALL  EQUIPMENT,  DEVICES  OR
   23  APPARATUS  ASSOCIATED  WITH  PERC DRY CLEANING OPERATIONS, INCLUDING BUT
   24  NOT LIMITED TO: DRY CLEANING EQUIPMENT; FILTER OR PURIFICATION  SYSTEMS;
   25  WASTE  HOLDING,  TREATMENT OR DISPOSAL SYSTEMS; PERCHLOROETHYLENE SUPPLY
   26  SYSTEMS; DIP TANKS, PUMPS, GASKETS, PIPING, DUCTING, FITTINGS, VALVES OR
   27  FLANGES THAT CONVEY PERC-CONTAMINATED  AIR;  AND  DRY  CLEANING  CONTROL
   28  SYSTEMS.
   29    (52)  PERC-CONTAMINATED WASTEWATER EVAPORATOR. A DEVICE THAT VAPORIZES
   30  WASTEWATER THROUGH THE ADDITION OF THERMAL ENERGY, OR  THROUGH  PHYSICAL
   31  ACTION.
   32    (53) PPB. PARTS PER BILLION BY VOLUME IN AIR OR BY WEIGHT IN WATER.
   33    (54) PPM. PARTS PER MILLION BY VOLUME IN AIR OR BY WEIGHT IN WATER.
   34    (55)  PRIMARY  CONTROL  SYSTEM. A REFRIGERATED CONDENSER, OR AN EQUIV-
   35  ALENT CLOSED-LOOP VAPOR RECOVERY SYSTEM APPROVED BY THE DEPARTMENT.
   36    (56) PROCESS VENTILATION EMISSION. AN EMISSION FROM ANY  DRY  CLEANING
   37  MACHINE  NORMALLY  VENTED TO THE OUTER AIR; THAT OCCURS DURING THE AERA-
   38  TION CYCLE AND ALSO WHEN THE MACHINE DOOR IS OPEN; EXCLUDING  DOOR  FANS
   39  ON AZEOTROPIC AND THIRD GENERATION EQUIPMENT.
   40    (57)  REFRIGERATED CONDENSER. A CLOSED-LOOP VAPOR RECOVERY SYSTEM INTO
   41  WHICH PERC VAPORS ARE CONDENSED BY COOLING BELOW THE DEW  POINT  OF  THE
   42  PERC USING A MECHANICAL REFRIGERATED SYSTEM.
   43    (58)  RESIDENTIAL  BUILDING.  ANY  DWELLING  OR HOUSING THAT IS OWNED,
   44  RENTED, OR OCCUPIED BY THE SAME PERSON  FOR  A  PERIOD  OF  ONE  HUNDRED
   45  EIGHTY  DAYS  OR  MORE IN A YEAR, EXCLUDING SHORT-TERM HOUSING SUCH AS A
   46  MOTEL OR HOTEL ROOM RENTED AND OCCUPIED BY THE SAME PERSON FOR A  PERIOD
   47  OF LESS THAN ONE HUNDRED EIGHTY DAYS.
   48    (59)  ROOM ENCLOSURE. A ROOM THAT ENCLOSES THE DRY CLEANING MACHINE OR
   49  EQUIPMENT. IT IS CONSTRUCTED OF MATERIAL THAT IS IMPERMEABLE TO PERC AND
   50  DESIGNED AND OPERATED TO MAINTAIN NEGATIVE PRESSURE AT  ALL  TIMES  THAT
   51  THE  EQUIPMENT  IS  OPERATING  AND IS USED WITH A GENERAL EXHAUST VENTI-
   52  LATION SYSTEM.
   53    (60) SECOND GENERATION EQUIPMENT.  DRY-TO-DRY  VENTED,  UNREFRIGERATED
   54  DRY  CLEANING  MACHINES  PROPERLY  VENTED  TO A CONTROL DEVICE SUCH AS A
   55  CARBON ADSORBER, OR AZEOTROPIC CONTROL DEVICE PLUS A SMALL CARBON ADSOR-
   56  BER, OR EQUIVALENT.
       A. 378                              6
    1    (61) SECONDARY CONTROL SYSTEM. A DEVICE OR APPARATUS THAT REDUCES  THE
    2  CONCENTRATION  OF PERC IN THE RECIRCULATING AIR AT THE END OF THE DRYING
    3  CYCLE BEYOND THE LEVEL ACHIEVABLE WITH A REFRIGERATED  CONDENSER  ALONE.
    4  (E.G. INTEGRAL CARBON ADSORBER USED IN FOURTH GENERATION EQUIPMENT).
    5    (I)  AN "INTEGRAL" SECONDARY CONTROL SYSTEM IS DESIGNED AND OFFERED AS
    6  AN INTEGRAL PART OF A PRODUCTION PACKAGE WITH A SINGLE MAKE AND MODEL OF
    7  DRY CLEANING MACHINE AND PRIMARY CONTROL SYSTEM.
    8    (II) AN "ADD-ON" SECONDARY CONTROL SYSTEM IS DESIGNED OR OFFERED AS  A
    9  SEPARATE RETROFIT SYSTEM FOR USE ON MULTIPLE MACHINE MAKES AND MODELS.
   10    (62)  SELF-SERVICE  DRY  CLEANING MACHINE. A PERC DRY CLEANING MACHINE
   11  THAT IS LOADED, ACTIVATED, OR UNLOADED BY THE CUSTOMER.
   12    (63) SMALL CARBON ADSORBERS. A CARBON UNIT THAT IS USED TO ADSORB PERC
   13  FROM THE MACHINE DRUM WHEN THE MACHINE DOOR IS OPENED TO REMOVE  CLOTHES
   14  AT  THE  END  OF THE DRYING CYCLE, (E.G. ADSORBERS USED TO CONTROL EMIS-
   15  SIONS FROM SUPPLEMENTAL DOOR FANS AND AZEOTROPIC CONTROL DEVICES).
   16    (64) SOLVENT MILEAGE. THE  AVERAGE  WEIGHT  OF  ARTICLES  CLEANED  PER
   17  VOLUME OF PERC USED.
   18    (65)  SOLVENT  TANK. ANY CONTAINER THAT IS USED TO STORE PERC PRIOR TO
   19  USE IN THE DRY CLEANING OPERATION AND FROM WHICH THE PERC IS  INTRODUCED
   20  INTO THE DRUM OF THE MACHINE AT THE START OF THE CLEANING CYCLE.
   21    (66) STAND-ALONE FACILITY. A FACILITY THAT IS NOT CO-LOCATED.
   22    (67) STILL. DISTILLATION EQUIPMENT USED TO VOLATILIZE AND RECOVER PERC
   23  FROM CONTAMINATED SOLVENT REMOVED FROM THE CLEANED MATERIALS.
   24    (68)  THIRD  GENERATION  EQUIPMENT. A CLOSED-LOOP DRY CLEANING MACHINE
   25  EQUIPPED WITH A  REFRIGERATED  CONDENSER  OR  OTHER  EQUIVALENT  PRIMARY
   26  CONTROL SYSTEM.
   27    (69)  TRAINED OPERATOR. A PERSON WHO HOLDS A CERTIFICATE OF COMPLETION
   28  FOR THE INITIAL COURSE OF AN ENVIRONMENTAL TRAINING  PROGRAM  AND  MAIN-
   29  TAINS  HIS OR HER STATUS BY SUCCESSFULLY COMPLETING REFRESHER COURSES AS
   30  REQUIRED.
   31    (70) TRANSFER MACHINE. PERC DRY CLEANING EQUIPMENT  IN  WHICH  WASHING
   32  AND  EXTRACTION  ARE  PERFORMED IN ONE UNIT AND DRYING IS PERFORMED IN A
   33  SEPARATE UNIT (1ST GENERATION EQUIPMENT).
   34    (71) VAPOR ADSORBER. A BED OF ACTIVATED CARBON OR OTHER ADSORBENT INTO
   35  WHICH VAPORS ARE INTRODUCED AND TRAPPED FOR SUBSEQUENT DESORPTION.
   36    (72) VAPOR BARRIER. A MATERIAL SURFACE OR COATING THAT IS  IMPERMEABLE
   37  TO PERC.
   38    (73)  VAPOR  LEAK.  A  FUGITIVE EMISSION OF PERC VAPOR FROM UNINTENDED
   39  OPENINGS IN THE DRY CLEANING SYSTEM. A VAPOR LEAK CAN BE INDICATED BY  A
   40  RAPID  AUDIBLE  SIGNAL  OR  VISUAL SIGNAL FROM A HALOGENATED-HYDROCARBON
   41  DETECTOR OR OTHER APPROVED INSTRUMENT.
   42    (74) WATER SEPARATOR. A VESSEL THAT USES GRAVITY TO  PHYSICALLY  SEPA-
   43  RATE LIQUID PERC FROM LIQUID WATER.
   44  S 19-1303. VARIANCES.
   45    (1) UNLESS OTHERWISE PRECLUDED BY FEDERAL LAW OR SUBDIVISION 4 OF THIS
   46  SECTION,  THE  DEPARTMENT  MAY, UPON WRITTEN APPLICATION FROM ANY PERSON
   47  WHO IS SUBJECT TO THIS TITLE, GRANT A VARIANCE FROM ONE OR MORE SPECIFIC
   48  PROVISIONS OF THIS TITLE UNDER THE CONDITIONS SET FORTH IN THIS SECTION;
   49  PROVIDED, HOWEVER, THAT VARIANCES SHALL ONLY  BE  GRANTED  UNDER  EXCEP-
   50  TIONAL OR EXTRAORDINARY CIRCUMSTANCES.
   51    (2) EVERY APPLICATION FOR A VARIANCE MUST:
   52    (A)  IDENTIFY THE SPECIFIC PROVISIONS OF THIS TITLE FROM WHICH A VARI-
   53  ANCE IS SOUGHT;
   54    (B) DEMONSTRATE THAT COMPLIANCE WITH THE IDENTIFIED PROVISIONS  WOULD,
   55  ON  THE  BASIS OF CONDITIONS UNIQUE TO THE PERSON'S PARTICULAR SITUATION
   56  IN CONTRAST TO THE REST OF THE INDUSTRY OR ANY SEGMENT THEREOF, TEND  TO
       A. 378                              7
    1  IMPOSE  AN UNREASONABLE ECONOMIC, TECHNOLOGICAL, OR SAFETY BURDEN ON THE
    2  PERSON OR THE PUBLIC; AND
    3    (C)  DEMONSTRATE  THAT  THE PROPOSED ACTIVITY WILL HAVE NO SIGNIFICANT
    4  ADVERSE IMPACT ON THE PUBLIC HEALTH, SAFETY, OR WELFARE, THE ENVIRONMENT
    5  OR NATURAL RESOURCES AND WILL BE CONSISTENT WITH THE PROVISIONS OF  THIS
    6  CHAPTER  AND  THE  PERFORMANCE EXPECTED FROM AN ACTIVITY PERMITTED UNDER
    7  THE PROVISIONS OF THIS TITLE.
    8    (3) IN GRANTING ANY VARIANCE UNDER THIS  SUBDIVISION,  THE  DEPARTMENT
    9  MAY  IMPOSE  SPECIFIC  CONDITIONS  NECESSARY  TO ASSURE THAT THE SUBJECT
   10  ACTIVITY WILL HAVE NO SIGNIFICANT ADVERSE IMPACT ON THE  PUBLIC  HEALTH,
   11  SAFETY, OR WELFARE, THE ENVIRONMENT OR NATURAL RESOURCES.
   12    (4) PHASE-OUT DATES FOR DRY CLEANING EQUIPMENT CANNOT BE EXTENDED BY A
   13  VARIANCE.
   14  S 19-1305. PROHIBITIONS.
   15    (1)  THE  USE  OF  ANY  DRY-TO-DRY VENTED OR NON-VENTED EQUIPMENT AS A
   16  TRANSFER MACHINE IS PROHIBITED.
   17    (2) THE INSTALLATION OF SELF-SERVICE DRY CLEANING EQUIPMENT AFTER  THE
   18  EFFECTIVE DATE OF THIS TITLE IS PROHIBITED.
   19    (3) THE USE OR OFFERING FOR USE OF SELF-SERVICE DRY CLEANING EQUIPMENT
   20  SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE IS PROHIBITED.
   21    (4)  THE  USE  OF  IMMERSION  HEATERS  TO  EVAPORATE  SOLVENT FROM THE
   22  UNTREATED WATER EFFLUENT OF SOLVENT WATER SEPARATORS IS PROHIBITED.
   23    (5) EXCEPT AS PROVIDED IN THIS TITLE, PRE-PERMITTING REQUIREMENTS, THE
   24  COMMENCEMENT OF CONSTRUCTION OR MODIFICATION OF A DRY CLEANING  FACILITY
   25  WITHOUT  FIRST  OBTAINING  A  VALID  PERMIT  ISSUED BY THE DEPARTMENT IS
   26  PROHIBITED.
   27    (6) THE CONSTRUCTION OR OPERATION OF A DRY CLEANING  FACILITY  WITHOUT
   28  FIRST OBTAINING A VALID PERMIT ISSUED BY THE DEPARTMENT IS PROHIBITED.
   29    (7)  VENTING OF PERC EMISSIONS FROM DRY CLEANING EQUIPMENT OR EMISSION
   30  CONTROL DEVICES INTO THE WORKROOM OR FACILITY IS PROHIBITED.
   31    (8) NO NEW PERC-BASED DRY CLEANING FACILITIES SHALL BE PERMITTED WITH-
   32  IN RESIDENTIAL BUILDINGS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   33  S 19-1307. PRE-PERMITTING REQUIREMENTS FOR EXISTING FACILITIES.
   34    EXISTING FACILITIES MUST COMPLY WITH  THE  FOLLOWING  REQUIREMENTS  IN
   35  ACCORDANCE WITH THE TIMEFRAMES ESTABLISHED IN THIS SECTION IN ADVANCE OF
   36  APPLYING  FOR  AND  OBTAINING PERMITS REQUIRED UNDER THIS SECTION. PRIOR
   37  APPROVALS FROM THE DEPARTMENT ARE NOT NEEDED  FOR  CONSTRUCTION  OF  THE
   38  ROOM  ENCLOSURE,  VAPOR BARRIER, OR CHANGES IN VENT STACK LOCATIONS. NEW
   39  FACILITIES MUST COMPLY WITH ALL THE ITEMS CONTAINED IN THIS SECTION UPON
   40  START-UP.
   41    (1) VAPOR BARRIERS AND GENERAL EXHAUST VENTILATION.
   42    (A) STAND-ALONE DRY CLEANING FACILITIES THAT ARE DESIGNATED  AS  MAJOR
   43  SOURCES,  PURSUANT TO THE NATIONAL PERCHLOROETHYLENE AIR EMISSION STAND-
   44  ARDS FOR DRY CLEANING FACILITIES UNDER 40 CFR 63  SUBPART  M,  AND  THAT
   45  HAVE  TRANSFER  TYPE  MACHINES  SHOULD  HAVE CONTAINED ALL SUCH MACHINES
   46  INSIDE ROOM ENCLOSURES BY SEPTEMBER TWENTY-THIRD,  TWO  THOUSAND  THREE.
   47  EACH ROOM ENCLOSURE MUST BE:
   48    (I) CONSTRUCTED OF MATERIALS IMPERMEABLE TO PERCHLOROETHYLENE; AND,
   49    (II)  DESIGNED  AND  OPERATED  TO MAINTAIN A NEGATIVE PRESSURE AT EACH
   50  OPENING AT ALL TIMES THAT THE MACHINE IS OPERATING.
   51    (B) CO-LOCATED DRY CLEANING FACILITIES MUST BE EQUIPPED WITH  A  VAPOR
   52  BARRIER  OR  ROOM  ENCLOSURES AND GENERAL EXHAUST VENTILATION THAT MEETS
   53  THE DESIGN AND PERFORMANCE REQUIREMENTS ESTABLISHED IN THIS TITLE BY THE
   54  FOLLOWING DATES:
   55    (I) TRANSFER MACHINES - WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE  OF
   56  THIS TITLE.
       A. 378                              8
    1    (II)  DRY-TO-DRY VENTED MACHINES - WITHIN FIFTEEN MONTHS OF THE EFFEC-
    2  TIVE DATE OF THIS TITLE.
    3    (III) THIRD GENERATION DRY-TO-DRY MACHINES - WITHIN EIGHTEEN MONTHS OF
    4  THE EFFECTIVE DATE OF THIS TITLE.
    5    (IV)  FOURTH  GENERATION DRY-TO-DRY MACHINES - WITHIN TWO YEARS OF THE
    6  EFFECTIVE DATE OF THIS TITLE.
    7    (C) THE FACILITY OWNER MUST NOTIFY THE DEPARTMENT BY MAIL WITHIN THIR-
    8  TY DAYS OF INSTALLATION  OF  THE  REQUIRED  VAPOR  BARRIER  AND  GENERAL
    9  EXHAUST  VENTILATION  SYSTEM  AND  CERTIFY  THAT IT MEETS ALL REGULATORY
   10  REQUIREMENTS. SUCH NOTIFICATION MUST BE SENT BY CERTIFIED  MAIL  TO  THE
   11  APPROPRIATE  REGIONAL  OFFICE OF THE DEPARTMENT ADDRESSED TO THE DEPART-
   12  MENT OF ENVIRONMENTAL CONSERVATION, ATTENTION:  REGIONAL  AIR  POLLUTION
   13  CONTROL ENGINEER.
   14    (2)  RELOCATION  OF  EMISSION POINTS. THE RELOCATION OF PROCESS VENTI-
   15  LATION EMISSION POINTS TO THE OUTDOOR ATMOSPHERE MUST  COMPLY  WITH  THE
   16  RETROFITTING  REQUIREMENTS AND BE COMPLETED BY THE DEADLINES ESTABLISHED
   17  UNDER THIS TITLE.
   18    (3) PUBLIC INFORMATION NOTICE. THE FACILITY OWNER MUST POST A COPY  OF
   19  THE NOTICE PREPARED BY THE DEPARTMENT AS REQUIRED UNDER THIS TITLE.
   20    (4)  LEAK  INSPECTION.  THE  FACILITY  OWNER  MUST  INITIATE  THE LEAK
   21  INSPECTION REQUIREMENTS ESTABLISHED IN THIS TITLE IMMEDIATELY  UPON  THE
   22  EFFECTIVE DATE OF THIS TITLE.
   23    (5)  OPERATION  AND  MAINTENANCE. THE FACILITY OWNER MUST INITIATE ALL
   24  OPERATION AND MAINTENANCE  REQUIREMENTS  WHICH  APPLY  TO  DRY  CLEANING
   25  MACHINES  AND  EXISTING  EMISSION  CONTROL  SYSTEMS  ESTABLISHED IN THIS
   26  TITLE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.   HOWEVER,
   27  ALL  REQUIREMENTS  THAT  ARE  ALREADY IN EFFECT PURSUANT TO THE NATIONAL
   28  PERCHLOROETHYLENE AIR EMISSION STANDARDS FOR DRY CLEANING FACILITIES  IN
   29  40 CFR 63 SUBPART M, CONTINUE TO BE IN EFFECT.
   30    (6)  COMPLIANCE  INSPECTIONS.  THE  COMPLIANCE INSPECTION REQUIREMENTS
   31  UNDER THIS TITLE ARE EFFECTIVE IMMEDIATELY UPON THE  EFFECTIVE  DATE  OF
   32  THIS   TITLE.   FACILITY  OWNERS  MUST  INITIATE  THE  FIRST  COMPLIANCE
   33  INSPECTION AT THEIR FACILITY WITHIN SIX MONTHS OF THE EFFECTIVE DATE  OF
   34  THIS TITLE.
   35    (7)  RECORDKEEPING.  THE  FACILITY  OWNER MUST INITIATE ALL APPLICABLE
   36  RECORDKEEPING REQUIRED UNDER THIS TITLE WITHIN SIXTY DAYS OF THE  EFFEC-
   37  TIVE  DATE OF THIS TITLE. SUCH RECORDKEEPING MUST COVER ALL REQUIREMENTS
   38  ESTABLISHED FOR DRY CLEANING SYSTEMS AND FACILITIES IN GENERAL AND  MUST
   39  ALSO  COMPLY  WITH  REQUIREMENTS FOR SPECIFIC DRY CLEANING MACHINE TYPES
   40  AND EMISSION CONTROL SYSTEMS. HOWEVER, ALL REQUIREMENTS THAT ARE ALREADY
   41  IN EFFECT PURSUANT TO THE NATIONAL PERCHLOROETHYLENE AIR EMISSION STAND-
   42  ARDS FOR DRY CLEANING FACILITIES IN 40 CFR 63 SUBPART M, CONTINUE TO  BE
   43  IN EFFECT.
   44    (8)  PERC-CONTAMINATED  WASTEWATER  MANAGEMENT. FACILITIES MUST COMPLY
   45  WITH THE PERC-CONTAMINATED WASTEWATER MANAGEMENT REQUIREMENTS UNDER THIS
   46  TITLE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
   47    (9) HAZARDOUS WASTE MANAGEMENT AND EMERGENCY RESPONSE.  THE  HAZARDOUS
   48  WASTE  MANAGEMENT  REQUIREMENTS  UNDER  THIS  TITLE  AND  THE  EMERGENCY
   49  RESPONSE REQUIREMENTS UNDER THIS TITLE ARE  EFFECTIVE  IMMEDIATELY  UPON
   50  THE EFFECTIVE DATE OF THIS TITLE.
   51  S 19-1309. EQUIPMENT STANDARDS AND SPECIFICATIONS.
   52    (1) SPECIFIC EQUIPMENT STANDARDS AND EMISSION CONTROL SPECIFICATIONS:
   53    (A) VAPOR BARRIERS. VAPOR BARRIERS MUST, AT A MINIMUM, ENCLOSE THE DRY
   54  CLEANING EQUIPMENT. VAPOR BARRIERS CAN BE CONSTRUCTED OF POLYVINYL CHLO-
   55  RIDE,  PVC  SHEET 22 MIL THICK (0.022 IN.), SHEET METAL, METAL FOIL FACE
   56  COMPOSITE BOARD, OR OTHER EQUIVALENT MATERIALS THAT ARE  IMPERMEABLE  TO
       A. 378                              9
    1  PERC  VAPORS.  VAPOR BARRIERS MUST BE CONSTRUCTED SO THAT ALL JOINTS AND
    2  SEAMS ARE SEALED EXCEPT FOR INLET MAKE-UP AIR AND  EXHAUST  OPENINGS  IN
    3  ENTRY  DOORS, WHICH MUST ONLY BE OPEN WHEN A PERSON IS ENTERING OR EXIT-
    4  ING THE ROOM ENCLOSURE.
    5    (B)  GENERAL  EXHAUST  VENTILATION. DRY CLEANING FACILITIES CO-LOCATED
    6  WITH RESIDENTIAL LIVING QUARTERS, FOOD  SERVICE  ESTABLISHMENTS  OR  ANY
    7  NON-INDUSTRIAL FACILITY MUST BE EQUIPPED WITH A VAPOR BARRIER AND WITH A
    8  GENERAL  EXHAUST VENTILATION SYSTEM THAT IS COMPLETELY SEPARATE FROM THE
    9  VENTILATION SYSTEM SERVING OTHER AREAS  OF  THE  BUILDING.  THE  GENERAL
   10  EXHAUST VENTILATION SYSTEM MUST BE LOCATED NEAR THE DRY CLEANING MACHIN-
   11  ERY  OR  CONNECTED  TO  A  SEPARATE  ROOM ENCLOSURE WITH A VAPOR BARRIER
   12  EXHAUSTING EMISSIONS TO THE OUTER AIR. THIS DRY CLEANING GENERAL EXHAUST
   13  VENTILATION SYSTEM MUST BE OPERATED AT ALL TIMES WHEN THE  DRY  CLEANING
   14  MACHINES ARE IN OPERATION, AND DURING MAINTENANCE OPERATIONS AND MUST BE
   15  CAPABLE OF AT LEAST ONE AIR CHANGE PER FIVE MINUTES.
   16    (C) DOOR FAN/LOCAL EXHAUST VENTILATION SYSTEMS:
   17    (I) ALL FIRST, SECOND AND THIRD GENERATION DRY CLEANING EQUIPMENT MUST
   18  BE  EQUIPPED  WITH  A  DOOR  FAN/LOCAL  EXHAUST VENTILATION SYSTEM. THIS
   19  SYSTEM MUST INCLUDE A MECHANICAL EXHAUST FAN THAT IS ACTIVATED WHEN  THE
   20  LOADING  DOOR  IS  OPEN, DRAWING AIR FROM THE MACHINE DRUM CAUSING FRESH
   21  AIR TO BE DRAWN IN THROUGH THE LOADING DOOR. A MINIMUM INWARD AIR VELOC-
   22  ITY OF 100 FPM, MUST BE MAINTAINED THROUGH THE  EFFECTIVE  DOOR  OPENING
   23  AREA OF THE LOADING DOOR OF THE MACHINE.
   24    (II)  DOOR  FAN/LOCAL EXHAUST VENTILATION SYSTEMS MUST NOT RECIRCULATE
   25  VAPORS INTO THE WORKROOM AND MUST BE PROPERLY VENTED TO THE OUTER AIR.
   26    (III) DOOR FAN/LOCAL EXHAUST VENTILATION EMISSIONS MUST BE  CONTROLLED
   27  TO  A  DESIGN  EMISSION STANDARD OF FIVE PPM PERC WITH AN IN-USE MAXIMUM
   28  COMPLIANCE STANDARD OF 20 PPM.
   29    (D) PROCESS VENTILATION - INTERIM STANDARDS:
   30    (I) PROCESS VENTS ON FIRST AND SECOND GENERATION MACHINES THAT EXHAUST
   31  DURING THE AERATION CYCLE AND WHEN THE MACHINE  DOOR  IS  OPEN  MUST  BE
   32  VENTED  TO  THE  OUTER AIR ABOVE THE ROOF AND MORE THAN TWENTY-FIVE FEET
   33  FROM ALL OPENINGS IN NEARBY OCCUPANCIES.
   34    (II) PROCESS VENTILATION EMISSIONS  FROM  EXISTING  FIRST  AND  SECOND
   35  GENERATION  VENTED  MACHINES  HAVING  EMISSION  CONTROLS  AS PART OF THE
   36  ORIGINAL EQUIPMENT OR RETROFITTED TO COMPLY WITH THE 100 PPM PERC  EMIS-
   37  SION STANDARD EFFECTIVE MAY TENTH, NINETEEN HUNDRED EIGHTY-ONE UNDER THE
   38  PRIOR  VERSION  OF  THIS TITLE MUST CONTINUE TO MEET THIS STANDARD UNTIL
   39  SUCH TIME AS RETROFITTING, REPLACEMENT, OR SHUTDOWN  IS  REQUIRED  UNDER
   40  THIS SECTION.
   41    (III)  PROCESS  VENTILATION  EMISSIONS FROM EXISTING SECOND GENERATION
   42  MACHINES THAT ARE RETROFITTED WITH  CONTROL  EQUIPMENT  TO  COMPLY  WITH
   43  INTERIM  STANDARDS  ESTABLISHED  UNDER  THIS SECTION MUST BE DESIGNED TO
   44  ACHIEVE A PERC CONCENTRATION OF FIVE PPM OR  LESS  IN  THE  EXHAUST  AND
   45  ACHIEVE  AN  IN-USE  COMPLIANCE STANDARD OF LESS THAN 20 PPM PERC IN THE
   46  EXHAUST.
   47    (IV) THE EXHAUST DAMPER OF A VENTED FIRST OR SECOND GENERATION MACHINE
   48  MUST BE COMPLETELY CLOSED WHEN THE MACHINE IS NOT BEING VENTED, AND MUST
   49  NOT LEAK VAPORS INTO THE WORKROOM OR THE OUTER AIR.
   50    (E) PRIMARY  EMISSION  CONTROL  SYSTEMS.  REFRIGERATED  CONDENSERS  OR
   51  EQUIVALENT  CLOSED  LOOP  VAPOR RECOVERY SYSTEMS MUST MEET THE FOLLOWING
   52  REQUIREMENTS:
   53    (I) REFRIGERATED CONDENSERS MUST BE CAPABLE  OF  ACHIEVING  AN  OUTLET
   54  VAPOR  TEMPERATURE  DOWNSTREAM OF ANY BY-PASS OF THE CONDENSER LESS THAN
   55  OR EQUAL TO 45 F (7.2 C) DURING THE FINAL COOL DOWN CYCLE, AND ACHIEVE A
       A. 378                             10
    1  CONCENTRATION OF 8600 PPM OR LESS PERC IN THE DRUM  UPON  COMPLETION  OF
    2  THE DRYING CYCLE.
    3    (II)  REFRIGERATED CONDENSERS MUST HAVE A GRADUATED THERMOMETER, THER-
    4  MOCOUPLE OR EQUIVALENT INSTRUMENT WITH A MINIMUM RANGE FROM 0 F  (-18 C)
    5  TO  150 F  (66 C),  THAT  MEASURES  THE  TEMPERATURE OF THE OUTLET VAPOR
    6  STREAM DOWNSTREAM OF ANY BY-PASS OF THE CONDENSER, AND IS EASILY VISIBLE
    7  TO THE OPERATOR.
    8    (III) NEW THIRD AND  FOURTH  GENERATION  EQUIPMENT  WITH  REFRIGERATED
    9  CONDENSER   CONTROL   SYSTEMS   MUST   BE   EQUIPPED   WITH   A   DRYING
   10  SENSOR/CONTROLLER THAT EXTENDS THE DRYING TIME  AT  LEAST  FOUR  MINUTES
   11  BEYOND  THE  POINT THAT THE SOLVENT RECOVERY RATE IS LESS THAN 40 ML/MIN
   12  OR SOLVENT VAPOR CONCENTRATION IN THE DRUM IS LESS THAN 8600 PPM PERC.
   13    (IV) THE REFRIGERATED CONDENSER  MUST  BE  OPERATED  WITH  A  DIVERTER
   14  VALVE.
   15     (V)  EQUIVALENT  CLOSED-LOOP  VAPOR RECOVERY SYSTEMS OR OTHER CONTROL
   16  DEVICE MUST USE A TECHNOLOGY THAT HAS BEEN DEMONSTRATED, PURSUANT TO THE
   17  REQUIREMENTS OF THIS TITLE, TO ACHIEVE AT LEAST  90  PERCENT  BY  WEIGHT
   18  EMISSION  REDUCTION  BASED  UPON THE AMOUNT OF PERC ENTERING AND LEAVING
   19  THE CONTROL DEVICE.
   20    (F) A SECONDARY CONTROL SYSTEM MUST:
   21    (I) BE DESIGNED TO FUNCTION WITH A PRIMARY  CONTROL  SYSTEM  COMPLYING
   22  WITH ALL REQUIREMENTS FOR THIRD GENERATION EQUIPMENT.
   23    (II)  BE  CAPABLE  OF REDUCING THE PERC CONCENTRATION IN THE DRUM FROM
   24  8600 PPM OR GREATER TO 300 PPM.
   25    (III) ANY INTEGRAL CARBON ADSORBER USED AS A SECONDARY CONTROL  SYSTEM
   26  MUST  BE  SIZED CORRECTLY FOR THE MACHINE AND BE CAPABLE OF REDUCING THE
   27  PERC CONCENTRATION IN THE DRUM FROM 8,600 PPM OR GREATER TO 300  PPM  OR
   28  LESS.
   29    (IV)  THE  INTEGRAL  CARBON  ADSORBER MUST BE DESIGNED FOR NON-CONTACT
   30  STEAM OR HOT AIR STRIPPING OPERATION, AND MUST BE STRIPPED  OR  DESORBED
   31  IN  ACCORDANCE  WITH  MANUFACTURER'S  INSTRUCTIONS  OR  AT LEAST WEEKLY,
   32  WHICHEVER IS MORE STRINGENT.
   33    (G) SPILL CONTAINMENT. ALL NEW THIRD AND FOURTH GENERATION,  OR  USED,
   34  REINSTALLED  DRY  CLEANING  EQUIPMENT  MUST  BE  EQUIPPED  WITH  A SPILL
   35  CONTAINMENT SYSTEM CAPABLE OF CONTAINING 125 PERCENT OF THE CAPACITY  OF
   36  THE  LARGEST  DRY  CLEANING  PERC TANK OR VESSEL ASSOCIATED WITH THE DRY
   37  CLEANING MACHINE.
   38    (2) TO DETERMINE WHICH STANDARDS WILL APPLY TO A PARTICULAR DRY CLEAN-
   39  ING FACILITY, FIRST DETERMINE WHETHER THE FACILITY IS  NEW  OR  EXISTING
   40  (ONE  THAT  EXISTED  PRIOR  TO  THE  EFFECTIVE DATE OF THIS TITLE). THEN
   41  DETERMINE WHETHER THE FACILITY IS A  STAND-ALONE  OR  IS  LOCATED  IN  A
   42  MIXED-USE  BUILDING. IF IN A MIXED-USE BUILDING, DETERMINE WHETHER IT IS
   43  A COMMERCIAL OR RESIDENTIAL BUILDING. FINALLY, FOR EACH PIECE OF  EQUIP-
   44  MENT THERE ARE TWO PRIMARY ISSUES ADDRESSED IN THE REGULATIONS--THE TYPE
   45  OF  EMISSIONS  CONTROL  AND THE LOCATION OF ANY PROCESS VENTS (SEE DEFI-
   46  NITION OF PROCESS VENT).  PROCESS  VENTS  APPLY  ONLY  TO  TRANSFER  AND
   47  DRY-TO-DRY  VENTED  EQUIPMENT, NOT TO DOOR FANS, GENERAL OR OTHER VENTI-
   48  LATION.
   49    IN ALL, THERE ARE SIX DIFFERENT CATEGORIES FOR WHICH EQUIPMENT  STAND-
   50  ARDS ARE PROVIDED AS FOLLOWS:
   51    1. NEW STAND-ALONE FACILITIES--EQUIPMENT REQUIREMENTS
   52    2.  EXISTING STAND-ALONE FACILITIES--REPLACEMENT OR ADDITION OF EQUIP-
   53  MENT
   54    3. EXISTING STAND-ALONE FACILITIES--RETROFITTING OF EQUIPMENT
   55    4. NEW MIXED-USE FACILITIES--NEW EQUIPMENT
   56    5. EXISTING MIXED-USE FACILITIES--REPLACEMENT OR ADDITION OF EQUIPMENT
       A. 378                             11
    1    6. EXISTING MIXED-USE FACILITIES--RETROFITTING OF EQUIPMENT
    2    (A)  NEW STAND-ALONE FACILITIES--EQUIPMENT REQUIREMENTS. THE FOLLOWING
    3  TYPES OF NEW AND/OR USED EQUIPMENT ARE ALLOWED IN NEW STAND-ALONE FACIL-
    4  ITIES.
    5    (I) NEW EQUIPMENT - FOURTH GENERATION.
    6    (A) VAPOR BARRIER - NOT REQUIRED.
    7    (B) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
    8    (C) GENERAL VENTILATION - OPTIONAL.
    9    (D) PRIMARY  AND  SECONDARY  CONTROL  SYSTEMS,  AND  DRYING  SENSOR  -
   10  REQUIRED AS SPECIFIED IN THIS SECTION.
   11    (E)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
   12  MUST NOT EXCEED 50 PPM AT ANY TIME.
   13    (II) NEW EQUIPMENT - THIRD GENERATION. THE INSTALLATION OF  THIS  TYPE
   14  OF  EQUIPMENT  IS  PROHIBITED  AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
   15  SEVENTEEN.
   16    (A) VAPOR BARRIER - NOT REQUIRED.
   17    (B) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
   18    (C) GENERAL VENTILATION - OPTIONAL.
   19    (D) PRIMARY AND SECONDARY CONTROL SYSTEMS, DRYING SENSOR, AND DOOR FAN
   20  - REQUIRED AS SPECIFIED IN THIS SECTION.
   21    (E) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
   22  MUST NOT EXCEED 50 PPM AT ANY TIME.
   23    (F)  AN  ADDITIONAL  OPTION WOULD BE TO CONVERT TO A FOURTH GENERATION
   24  MACHINE WITH LESS THAN OR EQUAL TO 300 PPM IN DRUM. UNDER THIS OPTION  A
   25  DOOR FAN WOULD NOT BE REQUIRED.
   26    (III) USED EQUIPMENT - THIRD GENERATION.
   27    (A) VAPOR BARRIER - NOT REQUIRED.
   28    (B) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
   29    (C) GENERAL VENTILATION - OPTIONAL.
   30    (D)  PRIMARY  CONTROL  SYSTEMS AND DOOR FAN - REQUIRED AS SPECIFIED IN
   31  THIS SECTION.
   32    (E) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
   33  MUST NOT EXCEED 50 PPM PERC AT ANY TIME.
   34    (F)  AN  ADDITIONAL  OPTION WOULD BE TO CONVERT TO A FOURTH GENERATION
   35  MACHINE WITH LESS THAN OR EQUAL TO 300 PPM PERC IN THE DRUM. UNDER  THIS
   36  OPTION A DOOR FAN WOULD NOT BE REQUIRED.
   37    (B)  EXISTING  STAND-ALONE  FACILITIES  -  REPLACEMENT  OR ADDITION OF
   38  EQUIPMENT. THE EQUIPMENT STANDARDS FOR NEW STAND-ALONE  FACILITIES  MUST
   39  BE  FOLLOWED.  HOWEVER,  TRANSFER MACHINES MAY BE REPLACED WITH UPGRADED
   40  DRY-TO-DRY VENTED EQUIPMENT IN ACCORDANCE WITH THE RETROFITTING REQUIRE-
   41  MENTS.
   42    (C) EXISTING STAND-ALONE FACILITIES - RETROFITTING OF EQUIPMENT.
   43    (I) TRANSFER MACHINES -  NO  RETROFITTING  IS  ALLOWED.  ALL  TRANSFER
   44  MACHINES MUST BE REMOVED FROM SERVICE ON THE FOLLOWING SCHEDULE.
   45    (A)  IF  THE  PROCESS  VENT IS LOCATED ABOVE THE ROOF AND MORE THAN 25
   46  FEET FROM ALL OPENINGS IN NEARBY OCCUPANCIES, AND IF  PREVIOUSLY  RETRO-
   47  FITTED  TO  MEET THE LESS THAN 100 PPM PERC VENTED EMISSION LEVEL AND IS
   48  OPERATING IN COMPLIANCE WITH THAT EMISSION LEVEL, THE EQUIPMENT MUST  BE
   49  REPLACED WITH THIRD OR FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO
   50  THOUSAND EIGHTEEN.
   51    (B)  IF  THE  PROCESS  VENT IS BELOW THE ROOF OR LESS THAN TWENTY-FIVE
   52  FEET FROM ANY OPENING IN A NEARBY OCCUPANCY, OR IF  PROCESS  VENTILATION
   53  EMISSIONS  DO  NOT  MEET  THE 100 PPM PERC EMISSION LEVEL, THE EQUIPMENT
   54  MUST BE REPLACED WITH THIRD OR FOURTH GENERATION  EQUIPMENT  WITHIN  SIX
   55  MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
   56    (C) VAPOR BARRIER - NOT REQUIRED.
       A. 378                             12
    1    (D) GENERAL VENTILATION - OPTIONAL.
    2    (II) DRY-TO-DRY VENTED (SECOND GENERATION)
    3    (A) VAPOR BARRIER - NOT REQUIRED.
    4    (B) GENERAL VENTILATION - OPTIONAL.
    5    (C) PROCESS VENT EMISSION POINT LOCATION.
    6    (1)  IF  THE  PROCESS VENT IS ABOVE THE ROOF AND MORE THAN TWENTY-FIVE
    7  FEET FROM ALL OPENINGS IN NEARBY  OCCUPANCIES,  THE  RELOCATION  OF  THE
    8  PROCESS VENT IS NOT REQUIRED.
    9    (2)  IF  THE  PROCESS  VENT IS BELOW THE ROOF OR LESS THAN TWENTY-FIVE
   10  FEET FROM ANY OPENING IN A NEARBY OCCUPANCY: THE PROCESS  VENT  MUST  BE
   11  CHANGED  TO  BE  OVER  THE  ROOF AND MORE THAN TWENTY-FIVE FEET FROM ALL
   12  OPENINGS IN NEARBY OCCUPANCIES WITHIN SIX  MONTHS  AFTER  THE  EFFECTIVE
   13  DATE  OF THIS TITLE.  ALTERNATIVELY, THE EQUIPMENT MUST BE REPLACED WITH
   14  THIRD OR FOURTH GENERATION EQUIPMENT WITHIN THE SAME TIME LIMIT.
   15    (D) EMISSION CONTROLS.
   16    (1) CONTROLLED.
   17    (A) IF THE MACHINE HAS  BEEN  CONTROLLED  WITH  EITHER  AN  AZEOTROPIC
   18  CONTROL  PLUS  SMALL CARBON ADSORBER OR CONVERTED TO A CLOSED LOOP THIRD
   19  GENERATION MACHINE HAVING AN INTEGRAL OR EXTERNAL  PRIMARY  REFRIGERATED
   20  CONDENSER  (THE  WATER  COOLER CONDENSING SYSTEM HAVING BEEN ELIMINATED)
   21  AND HAS A DOOR FAN, MEETING THE REQUIREMENTS OF THIS SECTION,  NO  ADDI-
   22  TIONAL CONTROL IS REQUIRED.
   23    (B)  IF THE MACHINE IS EQUIPPED WITH EITHER A FULL SIZED CARBON ADSOR-
   24  BER OR A REFRIGERATED CONDENSER WITH A WATER COOLER  CONDENSING  SYSTEM,
   25  IT  MUST  BE  RETROFITTED  WITH  EITHER AN AZEOTROPIC CONTROL PLUS SMALL
   26  CARBON ADSORBER, PROVIDED EPA PUBLISHES A DETERMINATION THAT  AZEOTROPIC
   27  CONTROL  IS  EQUIVALENT  TO  A CARBON ADSORBER, OR CONVERTED TO A CLOSED
   28  LOOP THIRD GENERATION MACHINE BY ADDING AN INTEGRAL OR EXTERNAL  PRIMARY
   29  REFRIGERATED  CONDENSER (ELIMINATING THE WATER COOLED CONDENSING SYSTEM)
   30  AND A DOOR FAN WITH A SMALL CARBON ADSORBER MUST BE ADDED BY FOUR  YEARS
   31  AFTER THE EFFECTIVE DATE OF THE TITLE. ALTERNATIVELY, THE EQUIPMENT MUST
   32  BE  REPLACED WITH A THIRD GENERATION MACHINE WITH A DOOR FAN BY DECEMBER
   33  THIRTY-FIRST, TWO THOUSAND SEVENTEEN, OR WITH  A  FOURTH  GENERATION  BY
   34  JANUARY FIRST, TWO THOUSAND NINETEEN.
   35    (2)  UNCONTROLLED.  EQUIPMENT MUST BE RETROFITTED WITH EITHER AN AZEO-
   36  TROPIC CONTROL PLUS SMALL CARBON  ADSORBER,  PROVIDED  EPA  PUBLISHES  A
   37  DETERMINATION  THAT  AZEOTROPIC CONTROL IS EQUIVALENT TO A CARBON ADSOR-
   38  BER, OR CONVERTED TO CLOSED LOOP THIRD GENERATION BY ADDING AN  INTEGRAL
   39  OR EXTERNAL PRIMARY REFRIGERATED CONDENSER (ELIMINATING THE WATER COOLED
   40  CONDENSING  SYSTEM)  AND A DOOR FAN WITH A SMALL CARBON ADSORBER MUST BE
   41  ADDED WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE. ALTERNA-
   42  TIVELY, EQUIPMENT MUST BE  REPLACED  WITH  THIRD  OR  FOURTH  GENERATION
   43  EQUIPMENT WITHIN THE SAME TIME LIMIT.
   44    (E)  FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM,
   45  MUST NOT EXCEED 50 PPM AT ANY TIME.
   46    (III) DRY-TO-DRY NON-VENTED. THIRD GENERATION.
   47    (A) VAPOR BARRIER - NOT REQUIRED.
   48    (B) GENERAL VENTILATION - OPTIONAL.
   49    (C) EQUIPMENT MUST BE RETROFITTED WITH A DOOR FAN BY FOUR YEARS  AFTER
   50  THE EFFECTIVE DATE OF THIS TITLE; OR,
   51    (D) AN ADDITIONAL OPTION WOULD BE TO CONVERT THIS TYPE OF EQUIPMENT TO
   52  A  FOURTH  GENERATION MACHINE THAT ACHIEVES A PERC CONCENTRATION OF LESS
   53  THAN OR EQUAL TO 300 PPM IN THE DRUM BY FOUR YEARS AFTER  THE  EFFECTIVE
   54  DATE OF THIS TITLE. UNDER THIS OPTION A DOOR FAN WOULD NOT BE REQUIRED.
   55    (E)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
   56  MUST NOT EXCEED 50 PPM AT ANY TIME.
       A. 378                             13
    1    (IV) DRY-TO-DRY NON-VENTED. FOURTH GENERATION.
    2    (A) VAPOR BARRIER - NOT REQUIRED.
    3    (B) GENERAL VENTILATION - OPTIONAL.
    4    (C)  PRIMARY AND SECONDARY CONTROL SYSTEM AND DRYING SENSORS MUST MEET
    5  REQUIREMENTS SPECIFIED IN THIS SECTION.  HOWEVER,  FOR  FACILITIES  THAT
    6  PURCHASED MACHINES PRIOR TO THE EFFECTIVE DATE OF THIS TITLE THE FOLLOW-
    7  ING PROVISION APPLIES:
    8    IF  THE  OWNER/MANAGER OR OPERATOR CAN DEMONSTRATE THAT THE MACHINE IS
    9  OPERATING IN THE BEST POSSIBLE WORKING CONDITION, NO ACTION IS  REQUIRED
   10  IF  THE MEASURED PERC CONCENTRATION IN THE DRUM IS LESS THAN 500 PPM. IF
   11  THE LEVEL EXCEEDS 500 PPM, A DOOR FAN THAT  MEETS  THE  REQUIREMENTS  OF
   12  THIS SECTION MUST BE INSTALLED BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
   13    (D)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
   14  MUST NOT EXCEED 50 PPM AT ANY TIME.
   15    (D)  NEW  MIXED-USE FACILITIES--NEW  EQUIPMENT.  ONLY  NEW  DRY-TO-DRY
   16  FOURTH  GENERATION  EQUIPMENT IS ALLOWED IN NEW MIXED-USE FACILITIES. NO
   17  USED OR RETROFITTED EQUIPMENT IS ALLOWED.
   18    (I) VAPOR BARRIER AND GENERAL  VENTILATION  -  REQUIRED  AS  SPECIFIED
   19  HEREIN.
   20    (II) SPILL CONTAINMENT - REQUIRED AS SPECIFIED HEREIN.
   21    (III)  PRIMARY  AND  SECONDARY  CONTROL  SYSTEMS  AND  DRYING SENSOR -
   22  REQUIRED AS SPECIFIED IN THIS SECTION. ANY MACHINE NOT MEETING  THE  300
   23  PPM  REQUIREMENT,  AND,  WHERE  THE OWNER/MANAGER OR OPERATOR CAN DEMON-
   24  STRATE THAT THE MACHINE IS OPERATING IN THE BEST POSSIBLE WORKING CONDI-
   25  TION MUST HAVE A DOOR FAN INSTALLED THAT MEETS THE REQUIREMENTS OF  THIS
   26  SECTION WITHIN SIX MONTHS OF AN INSPECTION INDICATING HIGH PPM LEVELS.
   27    (IV)  FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
   28  MUST NOT EXCEED 50 PPM AT ANY TIME.
   29    (E) EXISTING MIXED-USE FACILITIES -- REPLACEMENT OR ADDITION OF EQUIP-
   30  MENT. THE EQUIPMENT  STANDARDS  FOR  NEW  MIXED-USE FACILITIES  MUST  BE
   31  FOLLOWED.
   32    (F) EXISTING MIXED-USE FACILITIES -- RETROFITTING OF EQUIPMENT.
   33    (I)  TRANSFER  MACHINES.  NO EMISSION CONTROL RETROFITTING IS ALLOWED.
   34  ALL TRANSFER MACHINES MUST BE REMOVED  FROM  SERVICE  ON  THE  FOLLOWING
   35  SCHEDULE.  ALL TRANSFER MACHINES ARE REQUIRED TO MEET THE GENERAL VENTI-
   36  LATION AND VAPOR BARRIER REQUIREMENT WITHIN SIX MONTHS AFTER THE  EFFEC-
   37  TIVE DATE OF THE TITLE AS SPECIFIED IN THIS SECTION.
   38    (A)  IF THE PROCESS VENT IS LOCATED ABOVE THE ROOF AND MORE THAN TWEN-
   39  TY-FIVE FEET FROM ALL OPENINGS IN NEARBY OCCUPANCIES, AND IF THE  EQUIP-
   40  MENT  HAS  BEEN  PREVIOUSLY RETROFITTED TO COMPLY WITH THE LESS THAN 100
   41  PPM PERC VENTED EMISSION LEVEL AND IS OPERATING IN COMPLIANCE WITH  THAT
   42  EMISSION  LEVEL, THE EQUIPMENT MUST BE REMOVED FROM SERVICE BY SEPTEMBER
   43  TWENTY-SECOND, TWO THOUSAND SIXTEEN.
   44    (B) IF  THE  PROCESS  VENT  IS  NOT  ABOVE  THE  ROOF  AND  MORE  THAN
   45  TWENTY-FIVE  FEET  FROM  ALL  OPENINGS  IN NEARBY OCCUPANCIES, OR IF THE
   46  EQUIPMENT HAS NOT PREVIOUSLY BEEN RETROFITTED OR IS  NOT  IN  COMPLIANCE
   47  WITH  THE  LESS  THAN 100 PPM PERC EMISSION LEVEL, THE EQUIPMENT MUST BE
   48  REMOVED FROM SERVICE WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF  THIS
   49  TITLE.
   50    (C)  A  VAPOR  BARRIER AND GENERAL VENTILATION ARE REQUIRED WITHIN SIX
   51  MONTHS AFTER THE EFFECTIVE DATE OF  THIS  TITLE  AS  SPECIFIED  IN  THIS
   52  SECTION.
   53    (II) DRY-TO-DRY VENTED. SECOND GENERATION.
   54    (A)  VAPOR  BARRIER  AND GENERAL VENTILATION - REQUIRED WITHIN FIFTEEN
   55  MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AS SPECIFIED IN THIS SECTION.
   56    (B) PROCESS VENT EMISSION LOCATION.
       A. 378                             14
    1    (1) IF THE PROCESS VENT IS ABOVE THE ROOF AND  MORE  THAN  TWENTY-FIVE
    2  FEET  FROM  ALL  OPENINGS  IN  NEARBY OCCUPANCIES, THE RELOCATION OF THE
    3  PROCESS VENT IS NOT REQUIRED.
    4    (2)  IF  THE  PROCESS  VENT IS BELOW THE ROOF OR LESS THAN TWENTY-FIVE
    5  FEET FROM ANY OPENING IN A NEARBY OCCUPANCY, CHANGE THE PROCESS VENT  TO
    6  BE  OVER  THE  ROOF  AND MORE THAN TWENTY-FIVE FEET FROM ALL OPENINGS IN
    7  NEARBY OCCUPANCIES WITHIN SIX MONTHS AFTER THE EFFECTIVE  DATE  OF  THIS
    8  TITLE.  ALTERNATIVELY, EQUIPMENT MUST BE REPLACED WITH FOURTH GENERATION
    9  EQUIPMENT WITHIN THE SAME TIME LIMIT.
   10    (C) EMISSION CONTROLS.
   11    (1) MIXED-USE - COMMERCIAL - UNCONTROLLED. EQUIPMENT MUST BE RETROFIT-
   12  TED  WITH  EITHER AN AZEOTROPIC CONTROL PLUS A SMALL CARBON ADSORBER, OR
   13  CONVERTED TO A CLOSED LOOP THIRD GENERATION MACHINE BY ADDING  AN  INTE-
   14  GRAL  OR  EXTERNAL PRIMARY REFRIGERATED CONDENSER (ELIMINATING THE WATER
   15  COOLED CONDENSING SYSTEM) AND A DOOR FAN MUST BE ADDED AS  SPECIFIED  IN
   16  THIS  SECTION  WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
   17  ALTERNATIVELY, EQUIPMENT MUST BE REPLACED WITH FOURTH GENERATION  EQUIP-
   18  MENT WITHIN THE SAME TIME LIMIT.
   19    THE  RETROFIT  OF  THIS  EQUIPMENT IS ONLY AN INTERIM MEASURE, AND ALL
   20  RETROFITTED EQUIPMENT OF THIS TYPE MUST BE REMOVED FROM SERVICE BY JANU-
   21  ARY FIRST, TWO THOUSAND TWENTY-THREE.
   22    (2) MIXED-USE - COMMERCIAL - CONTROLLED.
   23    (A) IF THE MACHINE HAS  BEEN  CONTROLLED  WITH  EITHER  AN  AZEOTROPIC
   24  CONTROL  PLUS  SMALL  CARBON ADSORBER OR CONVERTED TO A THIRD GENERATION
   25  MACHINE HAVING AN INTEGRAL OR EXTERNAL  PRIMARY  REFRIGERATED  CONDENSER
   26  (THE  WATER  COOLED  CONDENSING SYSTEM HAVING BEEN ELIMINATED) AND HAS A
   27  DOOR FAN AS SPECIFIED IN THIS SECTION, NO INTERIM RETROFITTING ACTION IS
   28  REQUIRED. THIS EQUIPMENT MUST BE REMOVED FROM SERVICE AND REPLACED  WITH
   29  FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE.
   30    (B)  IF THE MACHINE IS EQUIPPED WITH EITHER A FULL-SIZED CARBON ADSOR-
   31  BER OR A REFRIGERATED CONDENSER WITH A WATER COOLED  CONDENSING  SYSTEM,
   32  IT  MUST  BE  RETROFITTED  WITH  EITHER AN AZEOTROPIC CONTROL PLUS SMALL
   33  CARBON ADSORBER, PROVIDED EPA PUBLISHES A DETERMINATION THAT  AZEOTROPIC
   34  CONTROL  IS  EQUIVALENT  TO  A  CARBON ADSORBER, OR CONVERTED TO A THIRD
   35  GENERATION MACHINE BY ADDING AN INTEGRAL OR EXTERNAL  PRIMARY  REFRIGER-
   36  ATED  CONDENSER  (ELIMINATING  THE WATER COOLED CONDENSING SYSTEM) AND A
   37  DOOR FAN MUST BE ADDED AS SPECIFIED IN THIS SECTION  BY  JANUARY  FIRST,
   38  TWO  THOUSAND NINETEEN.   ALTERNATIVELY, EQUIPMENT MUST BE REPLACED WITH
   39  FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND NINETEEN. THE
   40  RETROFIT OF THIS EQUIPMENT IS AN INTERIM MEASURE ONLY AND ALL  RETROFIT-
   41  TED EQUIPMENT MUST BE REPLACED WITH FOURTH GENERATION EQUIPMENT BY JANU-
   42  ARY FIRST, TWO THOUSAND TWENTY-THREE.
   43    (3)  MIXED-USE  - RESIDENTIAL - UNCONTROLLED. EQUIPMENT MUST BE RETRO-
   44  FITTED WITH EITHER AN AZEOTROPIC CONTROL DEVICE PLUS SMALL CARBON ADSOR-
   45  BER, PROVIDED EPA PUBLISHES A DETERMINATION THAT AZEOTROPIC  CONTROL  IS
   46  EQUIVALENT TO A CARBON ADSORBER, OR CONVERTED TO THIRD GENERATION EQUIP-
   47  MENT  BY  ADDING  AN INTEGRAL OR EXTERNAL PRIMARY REFRIGERATED CONDENSER
   48  (ELIMINATING THE WATER COOLED CONDENSING SYSTEM) AND A DOOR FAN MUST  BE
   49  ADDED AS SPECIFIED IN THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE
   50  DATE  OF  THIS TITLE. ALTERNATIVELY, THE EQUIPMENT MUST BE REPLACED WITH
   51  FOURTH GENERATION EQUIPMENT WITHIN THE SAME TIME LIMIT. THE RETROFIT  OF
   52  THIS  EQUIPMENT IS ONLY AN INTERIM MEASURE AND ALL RETROFITTED EQUIPMENT
   53  OF THIS TYPE MUST BE REMOVED FROM SERVICE BY JANUARY FIRST, TWO THOUSAND
   54  EIGHTEEN.
   55    (4) MIXED-USE - RESIDENTIAL - CONTROLLED.
       A. 378                             15
    1    (A) IF THE MACHINE HAS  BEEN  CONTROLLED  WITH  EITHER  AN  AZEOTROPIC
    2  CONTROL  DEVICE  PLUS A SMALL CARBON ADSORBER OR HAS BEEN CONVERTED TO A
    3  THIRD GENERATION MACHINE HAVING AN INTEGRAL OR EXTERNAL PRIMARY  REFRIG-
    4  ERATED  CONDENSER  (THE  WATER COOLED SYSTEM HAVING BEEN ELIMINATED) AND
    5  HAS  A DOOR FAN AS SPECIFIED IN THIS SECTION, NO ADDITIONAL RETROFITTING
    6  IS REQUIRED. HOWEVER, ALL EQUIPMENT OF THIS TYPE MUST BE  REPLACED  WITH
    7  FOURTH GENERATION EQUIPMENT BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
    8    (B)  IF THE MACHINE IS EQUIPPED WITH FULL-SIZED CARBON ADSORBER WITH A
    9  WATER COOLED CONDENSING SYSTEM, IT MUST BE OPERATED IN  COMPLIANCE  WITH
   10  THE  100  PPM STANDARDS OF THE PREVIOUS REGULATIONS AND MUST BE REPLACED
   11  WITH FOURTH GENERATION EQUIPMENT BY JANUARY FIRST,  TWO  THOUSAND  EIGH-
   12  TEEN.
   13    (C)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
   14  MUST NOT EXCEED 50 PPM AT ANY TIME.
   15    (III) DRY-TO-DRY NON-VENTED. THIRD GENERATION.
   16    (A) VAPOR BARRIER AND GENERAL VENTILATION - REQUIRED  WITHIN  EIGHTEEN
   17  MONTHS OF THE EFFECTIVE DATE OF THIS TITLE AS SPECIFIED IN THIS SECTION.
   18    (B) EQUIPMENT MUST BE RETROFITTED WITH A DOOR FAN MEETING THE REQUIRE-
   19  MENTS  OF  THIS  SECTION  BY FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS
   20  TITLE.
   21    (C) AN ADDITIONAL OPTION IS TO CONVERT THIS PIECE OF  EQUIPMENT  TO  A
   22  FOURTH  GENERATION  MACHINE  THAT  ACHIEVES A PERC CONCENTRATION OF LESS
   23  THAN OR EQUAL TO 300 PPM IN THE MACHINE DRUM BY  FOUR  YEARS  AFTER  THE
   24  EFFECTIVE  DATE  OF THE TITLE. UNDER THIS OPTION A DOOR FAN WOULD NOT BE
   25  REQUIRED.
   26    (D) FUGITIVE PERC EMISSIONS FROM ANY PART OF THE DRY  CLEANING  SYSTEM
   27  MUST NOT EXCEED 50 PPM AT ANY TIME.
   28    (IV) DRY-TO-DRY NON-VENTED. FOURTH GENERATION.
   29    (A)  VAPOR BARRIER AND GENERAL VENTILATION - REQUIRED WITHIN TWO YEARS
   30  OF THE EFFECTIVE DATE OF THIS TITLE AS SPECIFIED IN THIS SECTION.
   31    (B) PRIMARY AND SECONDARY CONTROLS AND DRYING  SENSOR  -  REQUIRED  AS
   32  SPECIFIED  IN  THIS SECTION. HOWEVER, FOR NON-MAJOR FACILITIES UNDER THE
   33  NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS IN 40 CFR  PART
   34  63 THAT PURCHASED MACHINES PRIOR TO THE EFFECTIVE DATE OF THIS TITLE THE
   35  FOLLOWING PROVISION APPLIES: IF THE OWNER/MANAGER OR OPERATOR CAN DEMON-
   36  STRATE THAT THE MACHINE IS OPERATING IN THE BEST POSSIBLE WORKING CONDI-
   37  TION,  NO  ACTION  IS REQUIRED IF THE MEASURED PERC CONCENTRATION IN THE
   38  DRUM IS LESS THAN 500 PPM. IF THE LEVEL EXCEEDS 500 PPM, A DOOR  FAN  AS
   39  SPECIFIED IN THIS SECTION IS REQUIRED.
   40    (C)  FUGITIVE  PERC EMISSIONS FROM ANY PART OF THE DRY CLEANING SYSTEM
   41  MUST NOT EXCEED 50 PPM AT ANY TIME.
   42  S 19-1311. LEAK INSPECTION AND SELF MONITORING REQUIREMENTS.
   43    (1) LEAK CHECK REQUIREMENTS. THE TRAINED OPERATOR MUST INSPECT THE DRY
   44  CLEANING SYSTEM FOR PERCEPTIBLE (LIQUID AND VAPOR) LEAKS AND OTHER FUGI-
   45  TIVE EMISSIONS. THE TRAINED OPERATOR OR  A  DESIGNEE,  MUST  RECORD  THE
   46  STATUS  OF  EACH  COMPONENT  ON  A CHECKLIST SUPPLIED BY THE DEPARTMENT.
   47  COMPLETED CHECKLISTS MUST BE KEPT FOR AT LEAST FIVE YEARS FROM THE  DATE
   48  OF THE INSPECTION.
   49    (A)  THE  DRY  CLEANING  SYSTEM MUST BE THOROUGHLY INSPECTED, AT LEAST
   50  WEEKLY, FOR VAPOR LEAKS USING ONE OF THE FOLLOWING FOR  DETECTING  VAPOR
   51  LEAKS:
   52    (I) A HALOGENATED-HYDROCARBON DETECTOR;
   53    (II) A PORTABLE GAS ANALYZER;
   54    (III) AN AIR SAMPLING PUMP AND COLORIMETRIC TUBE; OR
   55    (IV) AN ALTERNATIVE METHOD APPROVED BY THE DEPARTMENT.
       A. 378                             16
    1    (B) ALL EQUIPMENT REFERENCED IN PARAGRAPH (I) OF SUBDIVISION 2 OF THIS
    2  SECTION MUST BE PROPERLY CALIBRATED.
    3    (2)  THE  FOLLOWING  COMPONENTS  OF  THE  DRY  CLEANING SYSTEM MUST BE
    4  INSPECTED WEEKLY FOR PERCEPTIBLE (LIQUID AND VAPOR) LEAKS AND FOR PROPER
    5  OPERATION AS REQUIRED BY SECTION 19-1313 OF THIS  TITLE  (OPERATION  AND
    6  MAINTENANCE REQUIREMENTS) WHILE THE DRY CLEANING SYSTEM IS OPERATING:
    7    (A) HOSE AND PIPE CONNECTIONS, FITTINGS, COUPLING AND VALVES;
    8    (B) DOOR GASKETS AND SEATINGS;
    9    (C) FILTER GASKETS AND SEATINGS;
   10    (D) PUMPS;
   11    (E) SOLVENT (INCLUDING SPENT SOLVENT) TANKS AND CONTAINERS;
   12    (F) WATER SEPARATORS;
   13    (G) MUCK COOKER;
   14    (H) STILLS;
   15    (I) EXHAUST DAMPERS;
   16    (J) DIVERTER VALVES; AND
   17    (K) CARTRIDGE FILTER HOUSINGS.
   18    (3)  CARBON  ADSORBER  VENTS  MUST BE TESTED WEEKLY USING COLORIMETRIC
   19  DETECTOR TUBES OR PORTABLE HALOGEN DETECTORS AS  REQUIRED  BY  REFERENCE
   20  METHOD  21  OR  EQUIVALENT, AND TEST RESULTS MUST BE NOTED ON THE CHECK-
   21  LIST.
   22    (A) CARBON ADSORBER VENTS IN MIXED-USE FACILITIES MUST ALSO BE  TESTED
   23  WEEKLY USING COLORIMETRIC DETECTOR TUBES, AND TEST RESULTS MUST BE NOTED
   24  ON THE CHECKLIST.
   25    (B)  CARBON ADSORBER VENTS ON SMALL CARBON ADSORBERS USED FOR CONTROL-
   26  LING SECOND AND THIRD GENERATION EQUIPMENT IN MIXED-USE FACILITIES  MUST
   27  BE  TESTED  WEEKLY  USING  COLORIMETRIC DETECTOR TUBES, AND TEST RESULTS
   28  MUST BE NOTED ON THE CHECKLIST.
   29    (4) THE TEMPERATURE OF THE VAPOR STREAM ON THE INLET AND  OUTLET  SIDE
   30  OF  A REFRIGERATED CONDENSER MUST BE MEASURED WEEKLY AND RECORDED ON THE
   31  CHECKLIST.
   32    (5) PREPAREDNESS AND PREVENTION EQUIPMENT AND CONDITIONS  AS  REQUIRED
   33  IN  THIS  TITLE  MUST BE INSPECTED WEEKLY TO ENSURE PROPER OPERATION AND
   34  MAINTENANCE. A NOTATION MUST BE MADE ON THE CHECKLIST  AT  THE  TIME  OF
   35  INSPECTION.
   36    (6)  THE  INWARD  AIR  VELOCITY FOR A LOADING DOOR FAN MUST BE CHECKED
   37  WEEKLY WITH A PORTABLE VELOMETER OR EQUIVALENT MEASUREMENT INSTRUMENT. A
   38  NOTATION OF THE INSTRUMENT READING MUST BE MADE ON THE CHECKLIST.
   39    (7) ANY LIQUID LEAK, VAPOR LEAK, OR MALFUNCTION THAT HAS BEEN DETECTED
   40  BY THE OPERATOR MUST BE NOTED ON THE CHECKLIST AND, IF AT ALL  POSSIBLE,
   41  REPAIRED  IMMEDIATELY.  IF  THE  LEAK  CANNOT BE REPAIRED AT THE TIME OF
   42  DETECTION, THE LEAKING COMPONENT MUST BE PHYSICALLY MARKED OR TAGGED  IN
   43  A MANNER THAT IS READILY OBSERVABLE BY AN INSPECTOR AND MUST BE REPAIRED
   44  WITHIN  TWENTY-FOUR HOURS OF DETECTION, UNLESS REPAIR PARTS ARE UNAVAIL-
   45  ABLE.
   46    (A) IF REPAIR PARTS ARE NOT AVAILABLE AT THE FACILITY, THE PARTS  MUST
   47  BE ORDERED WITHIN TWO WORKING DAYS OF DETECTING SUCH A LEAK. SUCH REPAIR
   48  PARTS  MUST BE INSTALLED WITHIN FIVE WORKING DAYS AFTER RECEIPT.  EQUIP-
   49  MENT WITH A LEAK THAT HAS NOT BEEN REPAIRED BY THE END OF THE  FIFTEENTH
   50  WORKING  DAY  AFTER  DETECTION  MUST  NOT  BE OPERATED UNTIL THE LEAK IS
   51  REPAIRED, UNLESS THE FACILITY OWNER OR OPERATOR RECEIVES  A  LEAK-REPAIR
   52  EXTENSION FROM THE DEPARTMENT.
   53    (B)  THE  DEPARTMENT  MAY  GRANT A LEAK-REPAIR EXTENSION TO A FACILITY
   54  OWNER FOR A SINGLE PERIOD OF THIRTY DAYS  OR  LESS,  IF  THE  DEPARTMENT
   55  MAKES THESE FINDINGS:
       A. 378                             17
    1    (I)  THE  DELAY  IN  REPAIRING THE LEAK COULD NOT HAVE BEEN AVOIDED BY
    2  ACTION ON THE PART OF THE FACILITY OWNER OR OPERATOR;
    3    (II)  THE FACILITY OWNER AND OPERATOR USED REASONABLE PREVENTIVE MEAS-
    4  URES AND ACTED PROMPTLY TO INITIATE THE REPAIR;
    5    (III) THE LEAK WILL NOT SIGNIFICANTLY INCREASE PERC EXPOSURE NEAR  THE
    6  FACILITY; AND
    7    (IV) THE FACILITY IS IN COMPLIANCE WITH ALL OTHER REQUIREMENTS OF THIS
    8  SECTION AND HAS A HISTORY OF COMPLIANCE.
    9    (C) SUCH EXTENSION MAY BE GRANTED VERBALLY, BUT MUST BE FOLLOWED UP BY
   10  A WRITTEN CONFIRMATION WITHIN THREE DAYS.
   11    (D)  ONCE  A REPAIR IS COMPLETED, THE COMPLETION DATE MUST BE RECORDED
   12  ON THE CHECKLIST.
   13    (E) WHERE A HAZARD IS  IMMINENT  OR  HAS  ALREADY  OCCURRED,  REMEDIAL
   14  ACTION MUST BE TAKEN IMMEDIATELY.
   15    (F)  ALL  UNCONTAINABLE RELEASES, FIRES OR EXPLOSIONS MUST BE REPORTED
   16  TO THE DEPARTMENT AND APPROPRIATE EMERGENCY RESPONSE AGENCIES IMMEDIATE-
   17  LY.
   18    (8) A FUGITIVE EMISSION CONCENTRATION OF 50 PPM OF PERC EMANATING FROM
   19  ANY PART  OF  THE  DRY  CLEANING  SYSTEM  IS  A  VIOLATION;  EXCEPT  FOR
   20  SHORT-TERM  MAINTENANCE OPERATIONS INVOLVING THE OPENING OF DRY CLEANING
   21  SYSTEM COMPONENTS FOR INSPECTION OR REPAIR.
   22    (9) ANY EXCEEDANCE OF THE LEAK INSPECTION REQUIREMENTS IN  THIS  TITLE
   23  THAT  HAS  BEEN  DETECTED BY THE OPERATOR MUST BE NOTED ON THE CHECKLIST
   24  AND REPAIRED/ADJUSTED IMMEDIATELY.
   25  S 19-1313. OPERATION AND MAINTENANCE REQUIREMENTS.
   26    (1) DRY CLEANING FACILITIES MUST BE MAINTAINED AND OPERATED  TO  MINI-
   27  MIZE THE RELEASE OF PERC TO THE ENVIRONMENT.
   28    (2)  THE  OPERATOR MUST OPERATE AND MAINTAIN ALL COMPONENTS OF THE DRY
   29  CLEANING SYSTEM IN ACCORDANCE WITH THE REQUIREMENTS OF  THIS  TITLE  AND
   30  THE  CONDITIONS  SPECIFIED  IN  A FACILITY'S OPERATING PERMIT. FOR OPER-
   31  ATIONS NOT SPECIFICALLY ADDRESSED, THE COMPONENTS MUST BE  OPERATED  AND
   32  MAINTAINED  IN  ACCORDANCE  WITH THE MANUFACTURER'S RECOMMENDATIONS. THE
   33  FACILITY OPERATOR MUST RETAIN, ON-SITE, A COPY OF THE DESIGN  SPECIFICA-
   34  TIONS  AND  THE  OPERATING MANUALS FOR EACH DRY CLEANING SYSTEM AND EACH
   35  EMISSION CONTROL DEVICE LOCATED AT THE DRY CLEANING FACILITY.
   36    (3) THE DEPARTMENT SHALL PROVIDE AN OPERATION AND  MAINTENANCE  CHECK-
   37  LIST  TO  THE  FACILITY. EACH OPERATION AND MAINTENANCE FUNCTION AND THE
   38  DATE PERFORMED MUST BE RECORDED ON THE CHECKLIST.  COMPLETED  CHECKLISTS
   39  MUST  BE MAINTAINED ON SITE FOR AT LEAST FIVE YEARS FROM THE DATE OF THE
   40  CHECKLIST.
   41    (4) OPERATORS MUST COMPLY WITH THE FOLLOWING OPERATION AND MAINTENANCE
   42  REQUIREMENTS, AS APPLICABLE:
   43    (A) FOURTH GENERATION MACHINES.
   44    (I) REFRIGERATED  CONDENSERS  MUST  BE  OPERATED  IN  ACCORDANCE  WITH
   45  MANUFACTURER'S SPECIFICATIONS.
   46    (II)  INTEGRAL REFRIGERATED CONDENSERS MUST BE OPERATED TO ENSURE THAT
   47  EXHAUST GASES ARE RECIRCULATED UNTIL THE AIR-VAPOR STREAM TEMPERATURE IS
   48  45 F OR LESS AT THE OUTLET. THE DIFFERENCE BETWEEN  THE  TEMPERATURE  OF
   49  THE AIR-PERC GAS VAPOR STREAM EXITING THE REFRIGERATED CONDENSER MUST BE
   50  GREATER  THAN  OR  EQUAL TO 20  F (11.1 C). THE TEMPERATURE DIFFERENTIAL
   51  MUST BE DETERMINED AT LEAST WEEKLY WITH A THERMOMETER WITH A TEMPERATURE
   52  RANGE  OF  FROM  32 F  (0 C)  TO  120 F  (48.9 C)  TO  AN  ACCURACY   OF
   53   2 F(1.1 C).
   54    (III)  VAPOR ADSORBERS USED WITH A PRIMARY CONTROL SYSTEM OR SECONDARY
   55  CONTROL SYSTEM MUST BE OPERATED TO ENSURE THAT EXHAUST GASES ARE  RECIR-
   56  CULATED AT THE TEMPERATURE SPECIFIED FOR OPTIMUM ADSORPTION.
       A. 378                             18
    1    (IV)  CARTRIDGE  FILTERS  AND  ADSORPTIVE  CARTRIDGE  FILTERS  MUST BE
    2  HANDLED USING ONE OF THE FOLLOWING METHODS:
    3    (A)  DRAINED  IN THE FILTER HOUSING, BEFORE DISPOSAL, FOR NO LESS THAN
    4  TWENTY-FOUR HOURS FOR CARTRIDGE FILTER AND FORTY-EIGHT HOURS FOR ADSORP-
    5  TIVE CARTRIDGE FILTERS.
    6    IF THE FILTERS ARE THEN TRANSFERRED TO A SEPARATE  DEVICE  TO  FURTHER
    7  REDUCE  THE VOLUME OF PERC, THIS TREATMENT MUST BE DONE IN A SYSTEM THAT
    8  ROUTES ANY VAPOR TO A  PRIMARY  CLOSED  LOOP  CONTROL  SYSTEM,  WITH  NO
    9  EXHAUST  TO  THE ATMOSPHERE. SUCH TRANSFER MUST BE PERFORMED CLOSING THE
   10  FILTER HOUSING AS SOON AS POSSIBLE TO MINIMIZE VAPOR LEAKS. THE  GENERAL
   11  EXHAUST VENTILATION SYSTEM MUST BE OPERATED DURING THIS ACTIVITY.
   12    (B)  DRIED, STRIPPED, SPARGED, OR OTHERWISE TREATED, WITHIN THE SEALED
   13  FILTER HOUSING, TO REDUCE THE VOLUME OF PERC CONTAINED IN THE FILTER.
   14    (V) ALL STEAM AND CONDENSING COILS MUST BE MAINTAINED TO  BE  FREE  OF
   15  LINT AND HARD LINT BUILD-UP ON INTERIOR SURFACES.
   16    (VI)  FOR  DRY  CLEANING  EQUIPMENT  EQUIPPED WITH A DOOR FAN, SUCH AS
   17  WHERE THE APPLICABLE DRUM CONCENTRATION UPON MACHINE OPENING  CANNOT  BE
   18  MET,  THE  OPERATOR MUST USE A PORTABLE VELOMETER OR EQUIVALENT MEASURE-
   19  MENT INSTRUMENT TO VERIFY THAT THE REQUIRED 100 FPM INWARD AIR  VELOCITY
   20  IS  MAINTAINED  THROUGH THE EFFECTIVE DOOR OPENING WHEN THE LOADING DOOR
   21  IS OPEN. THE INWARD AIR VELOCITY MUST BE CHECKED ON A WEEKLY BASIS.
   22    (B) THIRD GENERATION MACHINES.
   23    (I) REFRIGERATED  CONDENSERS  MUST  BE  OPERATED  IN  ACCORDANCE  WITH
   24  MANUFACTURER'S SPECIFICATIONS.
   25    (II) INTEGRAL AND EXTERNAL REFRIGERATED CONDENSERS MUST BE OPERATED TO
   26  ENSURE  THAT  EXHAUST  GASES ARE RECIRCULATED UNTIL THE AIR-VAPOR STREAM
   27  TEMPERATURE IS 45 F OR LESS AT THE OUTLET. THE  DIFFERENCE  BETWEEN  THE
   28  TEMPERATURE  OF  THE  AIR-PERC GAS VAPOR STREAM EXITING THE REFRIGERATED
   29  CONDENSER MUST BE GREATER THAN OR EQUAL TO 20 F  (11.1 C).  THE  TEMPER-
   30  ATURE DIFFERENTIAL MUST BE DETERMINED AT LEAST WEEKLY WITH A THERMOMETER
   31  WITH  A  TEMPERATURE  RANGE  OF  FROM 32 F (0 C) TO 120 F (48.9 C) TO AN
   32  ACCURACY OF  2 F(1.1 C).
   33    (III) VAPOR ADSORBERS USED WHEN THE MACHINE HAS BEEN RETROFITTED AS  A
   34  FOURTH  GENERATION MACHINE MUST BE OPERATED TO ENSURE THAT EXHAUST GASES
   35  ARE RECIRCULATED AT THE TEMPERATURE SPECIFIED BY  THE  MANUFACTURER  FOR
   36  OPTIMUM ADSORPTION.
   37    (IV)  CARTRIDGE  FILTERS  AND  ADSORPTIVE  CARTRIDGE  FILTERS  MUST BE
   38  HANDLED USING ONE OF THE FOLLOWING METHODS:
   39    (A) DRAINED IN THE FILTER HOUSING, BEFORE DISPOSAL, FOR NO LESS  THAN:
   40  TWENTY-FOUR  HOURS  FOR  CARTRIDGE  FILTERS  AND  FORTY-EIGHT  HOURS FOR
   41  ADSORPTIVE CARTRIDGE FILTERS. IF THE FILTERS ARE THEN TRANSFERRED  TO  A
   42  SEPARATE  DEVICE  TO  FURTHER  REDUCE THE VOLUME OF PERC, THIS TREATMENT
   43  MUST BE DONE IN A SYSTEM THAT ROUTES ANY VAPOR TO A PRIMARY CLOSED  LOOP
   44  CONTROL SYSTEM, WITH NO EXHAUST TO THE ATMOSPHERE. SUCH TRANSFER MUST BE
   45  PERFORMED  CLOSING  THE  FILTER  HOUSING AS SOON AS POSSIBLE TO MINIMIZE
   46  VAPOR LEAKS. THE GENERAL EXHAUST VENTILATION  SYSTEM  MUST  BE  OPERATED
   47  DURING THIS ACTIVITY.
   48    (B)  DRIED, STRIPPED, SPARGED, OR OTHERWISE TREATED, WITHIN THE SEALED
   49  FILTER HOUSING, TO REDUCE THE VOLUME OF PERC CONTAINED IN THE FILTER.
   50    (V) ALL STEAM AND CONDENSING COILS MUST BE MAINTAINED TO  BE  FREE  OF
   51  LINT AND HARD LINT BUILD-UP ON INTERIOR SURFACES.
   52    (VI) FOR DRY CLEANING EQUIPMENT EQUIPPED WITH A DOOR FAN, THE OPERATOR
   53  MUST  USE  A  PORTABLE VELOMETER OR EQUIVALENT MEASUREMENT INSTRUMENT TO
   54  VERIFY THAT THE REQUIRED 100  FPM  INWARD  AIR  VELOCITY  IS  MAINTAINED
   55  THROUGH  THE  EFFECTIVE  DOOR OPENING WHEN THE LOADING DOOR IS OPEN. THE
   56  INWARD AIR VELOCITY MUST BE CHECKED ON A WEEKLY BASIS.
       A. 378                             19
    1    (C) SECOND GENERATION MACHINES.
    2    (I)  A  VENTED  MACHINE  OPERATED  WITH  FULL-SIZED  CARBON  ADSORBERS
    3  (DRY-TO-DRY VENTED) THAT FUNCTION DURING THE DRYING CYCLE MUST MEET  THE
    4  FOLLOWING REQUIREMENTS:
    5    (A)  DESORPTION  MUST  BE  PERFORMED AT THE FREQUENCY SPECIFIED BY THE
    6  MANUFACTURER OR AS SPECIFIED BY THIS TITLE, WHICHEVER IS MORE STRINGENT.
    7  THE MINIMUM FREQUENCY FOR DESORPTION OF FULL-SIZE  CARBON  UNITS  IS  AS
    8  FOLLOWS,  EACH  TIME  ALL DRY CLEANING EQUIPMENT EXHAUSTED TO THE DEVICE
    9  HAS CLEANED A TOTAL OF THREE POUNDS OF ARTICLES FOR EACH POUND OF  ACTI-
   10  VATED  CARBON. DESORPTION MUST BE PERFORMED WITH THE MINIMUM STEAM PRES-
   11  SURE AND AIR FLOW CAPACITY SPECIFIED BY THE MANUFACTURER.
   12    (B) ONCE DESORPTION IS COMPLETE, THE CARBON BED MUST  BE  FULLY  DRIED
   13  ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS.
   14    (C)  NO  PERC  VAPORS  MAY  BYPASS  THE CARBON ADSORBER TO THE OUTDOOR
   15  ATMOSPHERE AT ANY TIME, NOR BE RECIRCULATED INTO THE FACILITY.
   16    (D) THE FILTER LOCATED IN FRONT OF THE CARBON ADSORBER MUST BE CHECKED
   17  AND CLEANED WEEKLY.
   18    (E) FOR DRY CLEANING  EQUIPMENT  IN  MIXED-USE  SETTINGS,  THE  CARBON
   19  ADSORBER  VENT  MUST BE TESTED WEEKLY USING COLORIMETRIC DETECTOR TUBES.
   20  TEST RESULTS MUST BE RECORDED ON THE CHECKLIST. TEST RESULTS OF FIVE PPM
   21  OR GREATER PERC REQUIRE AN IMMEDIATE STRIPPING OF THE CARBON ADSORBER.
   22    (II) SMALL EXTERNAL  CARBON  ADSORBERS  USED  FOR  AZEOTROPIC  CONTROL
   23  SYSTEMS, MUST BE STRIPPED AT LEAST WEEKLY WHEN IN USE. IF NOT IN CONTIN-
   24  UOUS DAILY USE, ADSORBERS MUST BE STRIPPED AFTER THEY HAVE BEEN USED FOR
   25  TEN DAYS.
   26    (A)  SMALL  EXTERNAL  CARBON  ADSORBERS  MUST BE VENTED TO OUTSIDE THE
   27  BUILDING AND MUST NOT RECIRCULATE VAPOR INTO THE FACILITY.
   28    (B) SMALL EXTERNAL CARBON ADSORBERS USED IN MIXED-USE SETTINGS MUST BE
   29  TESTED WEEKLY USING COLORIMETRIC DETECTOR TUBES OR EQUIVALENT  MEASURING
   30  DEVICES.  TEST  RESULTS  MUST BE RECORDED ON THE INSPECTION CHECKLIST. A
   31  TEST RESULT OF FIVE PPM PERC OR GREATER REQUIRE AN  IMMEDIATE  STRIPPING
   32  OF THE CARBON ADSORBER.
   33    (III) THE EXHAUST DAMPER OF A VENTED MACHINE MUST BE COMPLETELY CLOSED
   34  WHEN  THE  MACHINE  IS NOT BEING VENTED AND MUST BE REPAIRED OR REPLACED
   35  WITHIN FIVE WORKING DAYS IF MALFUNCTIONING.
   36    (IV) CARTRIDGE  FILTERS  AND  ADSORPTIVE  CARTRIDGE  FILTERS  MUST  BE
   37  HANDLED USING ONE OF THE FOLLOWING METHODS:
   38    (A)  DRAINED IN THE FILTER HOUSING, BEFORE DISPOSAL, FOR NO LESS THAN:
   39  TWENTY-FOUR HOURS  FOR  CARTRIDGE  FILTERS  AND  FORTY-EIGHT  HOURS  FOR
   40  ADSORPTIVE CARTRIDGE FILTERS.
   41    IF  THE  FILTERS  ARE THEN TRANSFERRED TO A SEPARATE DEVICE TO FURTHER
   42  REDUCE THE VOLUME OF PERC, THIS TREATMENT MUST BE DONE IN A SYSTEM  THAT
   43  ROUTES  ANY  VAPOR  TO  A  PRIMARY  CLOSED  LOOP CONTROL SYSTEM, WITH NO
   44  EXHAUST TO THE ATMOSPHERE. SUCH TRANSFER MUST BE PERFORMED  CLOSING  THE
   45  FILTER  HOUSING AS SOON AS POSSIBLE TO MINIMIZE VAPOR LEAKS. THE GENERAL
   46  EXHAUST VENTILATION SYSTEM MUST BE OPERATED DURING THIS ACTIVITY.
   47    (B) DRIED, STRIPPED, SPARGED, OR OTHERWISE TREATED, WITHIN THE  SEALED
   48  FILTER HOUSING, TO REDUCE THE VOLUME OF PERC CONTAINED IN THE FILTER.
   49    (V)  ALL  WATER-COOLED  CONDENSERS  MUST  INCLUDE  TEMPERATURE  GAUGES
   50  INSTALLED IN THE INLET AND OUTLET WATER LINES OF THE CONDENSING COIL  ON
   51  THE  DRYER.  THE  TEMPERATURE DIFFERENCE MUST BE MAINTAINED ACCORDING TO
   52  MANUFACTURER'S SPECIFICATIONS.
   53    (VI) AZEOTROPIC CONTROL UNITS  MUST  BE  MAINTAINED  AND  OPERATED  IN
   54  ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND SPECIFICATIONS.
   55    (D)  FIRST  GENERATION  MACHINES. AN EXISTING FACILITY WITH A TRANSFER
   56  MACHINE OPERATING A FULL-SIZED CARBON  ADSORBER  OR  AZEOTROPIC  CONTROL
       A. 378                             20
    1  SYSTEM,  AND  CARTRIDGE FILTERS MUST MEET THE APPLICABLE REQUIREMENTS OF
    2  SECOND GENERATION MACHINES.
    3    (E)  ANCILLARY  EQUIPMENT.    (I) ALL FILTER MUCK MUST BE TREATED IN A
    4  STILL OR MUCK COOKER, WHICH ROUTES PERC-CONTAMINATED VAPORS TO A CONDEN-
    5  SER OR OTHER CONTROL DEVICE  AND  RECYCLES  CONDENSER  VAPORS  INTO  THE
    6  MACHINE.  STILL  OR  MUCK  COOKER  EMISSIONS MUST NOT BE VENTED INTO THE
    7  FACILITY. ANY STILL, OR MUCK COOKER, MUST NOT BE OPERATED  IN  A  MANNER
    8  THAT  EXCEEDS  SEVENTY-FIVE  PERCENT OF ITS CAPACITY; OR OTHER ALTERNATE
    9  VALUE RECOMMENDED BY THE MANUFACTURER.  ANY STILL, OR MUCK COOKER,  MUST
   10  BE COOLED TO 100 F (38 C) OR LESS BEFORE BEING EMPTIED OR CLEANED.
   11    (II)  BUTTON  AND  LINT TRAPS MUST BE CLEANED EACH WORKING DAY AND THE
   12  LINT MUST BE PLACED IN A TIGHTLY  SEALED  CONTAINER.  WHENEVER  POSSIBLE
   13  SUCH  OPERATIONS  MUST BE PERFORMED SO THAT THE OPENING OF SUCH TRAPS IS
   14  DONE QUICKLY WITH THE LOCAL OR GENERAL EXHAUST SYSTEM OPERATING TO MINI-
   15  MIZE PERC EMISSIONS.
   16    (III) PERC-CONTAMINATED WASTEWATER TREATMENT UNITS.
   17    (A) CARBON FILTRATION UNITS-CARBON CARTRIDGES MUST BE REPLACED ACCORD-
   18  ING TO A SCHEDULE AS SPECIFIED BY THE MANUFACTURER TO ASSURE AN EFFLUENT
   19  QUALITY THAT DOES NOT EXCEED 20 PPB PERC.
   20    (B) EVAPORATORS - PERC CONTAMINATED  WASTEWATER  EVAPORATORS  MUST  BE
   21  OPERATED TO ENSURE THAT NO LIQUID PERC OR VISIBLE EMULSION IS ALLOWED TO
   22  VAPORIZE.
   23    (IV)  DIP  TANKS  AND DRYING CABINETS MUST BE EXHAUSTED TO MAINTAIN AN
   24  INWARD AIR FLOW, AND BE MAINTAINED UNDER NEGATIVE  PRESSURE,  TO  ENSURE
   25  THAT  FUGITIVE  EMISSIONS  SHALL BE NO GREATER THAN 50 PPM. VENTED EMIS-
   26  SIONS FROM DIP TANKS AND DRYING CABINETS MUST NOT EXCEED 20 PPM.
   27    (F) THE OWNER OR OPERATOR OF A DRY CLEANING SYSTEM MUST  MAINTAIN  THE
   28  FOLLOWING EQUIPMENT AS RECOMMENDED BY MANUFACTURER SPECIFICATIONS:
   29    (I) HOSE AND PIPE CONNECTIONS, FITTINGS, COUPLINGS, AND UNIONS;
   30    (II) DOOR GASKETS AND SEATINGS;
   31    (III) FILTER GASKETS AND SEATINGS;
   32    (IV) PUMPS;
   33    (V) WATER SEPARATORS;
   34    (VI) MUCK COOKER;
   35    (VII) STILLS;
   36    (VIII) EXHAUST DAMPERS;
   37    (IX) DIVERTER VALVES;
   38    (X) CARTRIDGE FILTER HOUSINGS;
   39    (XI) DRYING SENSORS.
   40    (G) PREPAREDNESS AND PREVENTION.
   41    (I) ALL DRY CLEANING OPERATIONS MUST BE EQUIPPED WITH THE FOLLOWING:
   42    (A)  ADEQUATE  SPILL CONTROL EQUIPMENT INCLUDING SORBENT MATERIALS, OR
   43  ALTERNATIVE METHOD FOR ABSORBING SPILLS,
   44    (B) VAPOR-PROOF CONTAINERS FOR  STORING  SPILL-CONTAMINATED  MATERIAL,
   45  AND
   46    (C) FIRE CONTROL EQUIPMENT.
   47    (II)  THE  FACILITY  OWNER  MUST  MAINTAIN AISLE SPACE TO ALLOW PROPER
   48  INSPECTION OF THE DRY CLEANING EQUIPMENT.
   49    (III) A REASONABLE SUPPLY OF SPARE PARTS FOR  REPAIRING  DRY  CLEANING
   50  EQUIPMENT MUST BE AVAILABLE AT THE DRY CLEANING FACILITY.
   51    (H)  ALL PARTS OF THE DRY CLEANING SYSTEM INCLUDING SOLVENT CONTAINERS
   52  WHERE PERC MAY BE EMITTED TO THE ATMOSPHERE MUST BE KEPT CLOSED  AT  ALL
   53  TIMES  EXCEPT  WHEN  ACCESS IS REQUIRED FOR PROPER OPERATION AND MAINTE-
   54  NANCE.
   55  S 19-1315. PERC-CONTAMINATED WASTEWATER MANAGEMENT.
       A. 378                             21
    1    PERC-CONTAMINATED WASTEWATER GENERATED BY FACILITIES SUBJECT  TO  THIS
    2  TITLE MUST BE MANAGED AS FOLLOWS:
    3    (1) PERC-CONTAMINATED WASTEWATER DISCHARGES.
    4    (A)  PERC-CONTAMINATED WASTEWATER THAT IS DISCHARGED TO A SEWER SYSTEM
    5  MUST BE TREATED BY PHYSICAL  SEPARATION  (WATER  SEPARATOR)  AND  DOUBLE
    6  CARBON  FILTRATION,  OR AN EQUIVALENT CONTROL WHICH HAS BEEN APPROVED BY
    7  THE DEPARTMENT, WHICH HAS BEEN PROPERLY DESIGNED TO ASSURE  AN  EFFLUENT
    8  QUALITY THAT:
    9    (I)  IS  LESS  THAN  OR EQUAL TO 20 PPB PERC WITHOUT PERC EVAPORATION;
   10  AND,
   11    (II) CONFORMS TO APPROPRIATE LOCAL SEWER USE ORDINANCES.
   12    (B) ALL PERC-CONTAMINATED WASTEWATER DISCHARGES TO SURFACE AND GROUND-
   13  WATERS MUST CONFORM TO THE REQUIREMENTS OF THIS CHAPTER.
   14    (2) EVAPORATION OF PERC-CONTAMINATED WASTEWATER.
   15    PERC-CONTAMINATED WASTEWATER THAT IS EVAPORATED  MUST  BE  TREATED  BY
   16  PHYSICAL SEPARATION (WATER SEPARATOR) AND DOUBLE CARBON FILTRATION PRIOR
   17  TO EVAPORATION.
   18  S 19-1317. HAZARDOUS WASTE MANAGEMENT.
   19    (1)  ANY PERC-CONTAMINATED WASTES GENERATED MUST BE MANAGED IN ACCORD-
   20  ANCE WITH THIS CHAPTER.  PERC-CONTAMINATED WASTEWATER MUST BE HANDLED AS
   21  PROVIDED IN SECTION 19-1315 OF THIS TITLE.
   22    (2) ALL PERC-CONTAMINATED WASTES (INCLUDING SPENT  CARTRIDGE  FILTERS,
   23  SPENT  CARBON, STILL BOTTOMS, AND LINT) MUST BE STORED IN TIGHTLY SEALED
   24  CONTAINERS, WHICH ARE IMPERMEABLE TO THE SOLVENT; SO  THAT  NO  PERC  IS
   25  EMITTED TO THE ATMOSPHERE.
   26    (3)  CONTAINERS  MUST  BE APPROPRIATELY LABELED AND STORED IN A DESIG-
   27  NATED AREA.
   28    (4) CONTAINERS MUST BE IN GOOD  CONDITION  AND  MUST  BE  KEPT  CLOSED
   29  EXCEPT WHEN NECESSARY TO ADD OR REMOVE WASTE.
   30    (5) RECEIPTS OR RECORDS SHOWING THE DATE AND VOLUME OF HAZARDOUS WASTE
   31  SHIPMENTS MUST BE RETAINED FOR FIVE YEARS.
   32  S 19-1319. EMERGENCY RESPONSE.
   33    (1)  DRY  CLEANING  SYSTEMS  MUST BE OPERATED AND MAINTAINED TO ENSURE
   34  THAT PERC RELEASES ARE CONTAINED AND DO NOT MIGRATE TO SEWER SYSTEMS  OR
   35  GROUNDWATER.
   36    (A) FOR EXISTING DRY CLEANING EQUIPMENT:
   37    (I) FLOOR DRAINS AND FLOORING IN THE VICINITY OF THE EQUIPMENT MUST BE
   38  SEALED SO AS TO BE IMPERMEABLE TO SPILLS, OR
   39    (II)  TEMPORARY DIKES, BERMS AND CONTAINMENT DEVICES MUST BE PLACED IN
   40  AREAS WHERE SPILLS ARE MOST LIKELY TO OCCUR AND PROCEDURES FOR  PREVENT-
   41  ING SPILL MIGRATION MUST BE ESTABLISHED AND FOLLOWED.
   42    (B) FOR NEW DRY CLEANING EQUIPMENT, A SPILL CONTAINMENT SYSTEM MUST BE
   43  INSTALLED UNDER THE EQUIPMENT.
   44    (2)  IN THE EVENT OF A PERC RELEASE, THE OWNER, OPERATOR OR A DESIGNEE
   45  MUST TAKE ALL REASONABLE MEASURES TO ENSURE THE  RELEASE  IS  CONTAINED.
   46  THESE  MEASURES  MUST  INCLUDE, WHERE APPLICABLE, STOPPING PROCESSES AND
   47  OPERATIONS, INCREASING ROOM EXHAUST VENTILATION, COLLECTING AND CONTAIN-
   48  ING RELEASED PERC AND REMOVING AND MAINTAINING CONTAINERS.
   49    (3) IF THE FACILITY OPERATOR DETERMINES THE FACILITY HAS HAD AN UNCON-
   50  TAINABLE RELEASE, FIRE OR EXPLOSION, HE OR SHE MUST REPORT THE  FINDINGS
   51  TO THE DEPARTMENT AND APPROPRIATE EMERGENCY RESPONSE AGENCIES IMMEDIATE-
   52  LY.
   53    (4)  ANY  EMERGENCY RESPONSE ACTION MUST BE RECORDED. THIS RECORD MUST
   54  INCLUDE, AT A MINIMUM:
   55    (A) THE DATE, DURATION AND NATURE OF ANY MALFUNCTION, SPILL  OR  INCI-
   56  DENT OF THE DRY CLEANING SYSTEM;
       A. 378                             22
    1    (B) THE NOTIFICATION PROCEDURES; AND,
    2    (C) THE CORRECTIVE ACTIONS TAKEN.
    3  S 19-1321. REPORTING AND RECORDKEEPING.
    4    (1)  OPERATORS  OF ALL DRY CLEANING FACILITIES OR THEIR DESIGNEES MUST
    5  RECORD THE FOLLOWING:
    6    (A) THE DATE, DURATION AND NATURE OF ANY MALFUNCTION, SPILL, INCIDENT,
    7  OR EMERGENCY RESPONSE AT THE FACILITY;
    8    (B) THE DATE OF MAINTENANCE ON ANY AIR CLEANING COMPONENT  OR  EXHAUST
    9  SYSTEM  (SUCH  AS THE REGENERATION AND/OR REPLACEMENT OF THE CARBON IN A
   10  CARBON ADSORBER);
   11    (C) THE NUMBER OF LOADS BETWEEN REGENERATIONS; CLEANING  AND  REPLACE-
   12  MENT  OF  LINT  FILTERS,  AND  CARBON  ADSORBER  PRE-FILTERS;  REPAIR OR
   13  REPLACEMENT OF EXHAUST FANS;
   14    (D) THE AMOUNT OF ACTIVATED CARBON IN CARBON ADSORBERS (DRY WEIGHT  IN
   15  POUNDS);
   16    (E) THE DATE OF MAINTENANCE OF DRYING SENSORS;
   17    (F) THE DATE AND VOLUME OF HAZARDOUS WASTE SHIPMENTS; AND
   18    (G)  THE  DATES  OF PERC-CONTAMINATED WASTEWATER TREATMENT UNIT CARBON
   19  CARTRIDGE REPLACEMENT.
   20    (2) EACH OWNER OR OPERATOR  OF  A  DRY  CLEANING  FACILITY  MUST  KEEP
   21  RECEIPTS OF PERC PURCHASES, A LOG OF THE FOLLOWING INFORMATION, MAINTAIN
   22  SUCH  INFORMATION  ON  SITE  AND PROVIDE IT UPON REQUEST FOR A PERIOD OF
   23  FIVE YEARS:
   24    (A) THE VOLUME OF PERC PURCHASED EACH MONTH BY THE DRY CLEANING FACIL-
   25  ITY AS RECORDED FROM PERC PURCHASES; IF NO PERC IS  PURCHASED  DURING  A
   26  GIVEN MONTH THEN THE OWNER OR OPERATOR WOULD ENTER ZERO GALLONS INTO THE
   27  LOG;
   28    (B)  THE  OWNER  OR OPERATOR MUST PERFORM THE FOLLOWING CALCULATION ON
   29  THE FIRST DAY OF EVERY MONTH:
   30    (I) SUM THE VOLUME OF ALL PERC PURCHASES MADE IN EACH OF THE  PREVIOUS
   31  TWELVE MONTHS, AS RECORDED IN THE LOG.
   32    (II)  IF  NO  PERC PURCHASES WERE MADE IN A GIVEN MONTH, THEN THE PERC
   33  CONSUMPTION FOR THAT MONTH IS ZERO GALLONS.
   34    (III) THE TOTAL SUM CALCULATED IS THE YEARLY PERC CONSUMPTION  AT  THE
   35  FACILITY.
   36    (3)  EACH OWNER OR OPERATOR OF A DRY CLEANING FACILITY MUST RECORD THE
   37  FOLLOWING INFORMATION ON AN INSPECTION CHECKLIST.
   38    (A) THE DATES WHEN THE DRY CLEANING SYSTEM  COMPONENTS  ARE  INSPECTED
   39  FOR  PERCEPTIBLE  LEAKS  AS  SPECIFIED  UNDER THE INSPECTION AND TESTING
   40  REQUIREMENTS, AND THE NAME OR LOCATION OF DRY CLEANING SYSTEM COMPONENTS
   41  WHERE PERCEPTIBLE LEAKS ARE DETECTED;
   42    (B) THE DATE, TIME AND COLORIMETRIC DETECTOR TUBE MONITORING  RESULTS,
   43  IF A CARBON ADSORBER IS USED FOR PRIMARY OR SECONDARY EMISSION CONTROL;
   44    (C)  THE  DATE,  TIME  AND  TEMPERATURE  SENSOR MONITORING RESULTS FOR
   45  REFRIGERATED CONDENSERS;
   46    (D) THE DATES OF REPAIR AND RECORDS OF WRITTEN OR  VERBAL  ORDERS  FOR
   47  REPAIR  PARTS  TO DEMONSTRATE COMPLIANCE WITH THE INSPECTION AND TESTING
   48  REQUIREMENTS, IN SECTION 19-1311 OF THIS TITLE.
   49    (4) EACH OWNER OR OPERATOR OF A DRY CLEANING FACILITY MUST  RETAIN  ON
   50  SITE  COPIES  OF THE OPERATION AND MAINTENANCE CHECKLISTS AND COMPLIANCE
   51  INSPECTION REPORTING FORMS.
   52    (5) EACH OWNER OR OPERATOR OF A DRY CLEANING FACILITY MUST  RETAIN  ON
   53  SITE  A  COPY OF THE DESIGN SPECIFICATIONS AND THE OPERATING MANUALS FOR
   54  EACH DRY CLEANING SYSTEM AND EACH EMISSION CONTROL DEVICE LOCATED AT THE
   55  DRY CLEANING FACILITY.
       A. 378                             23
    1    (6) ALL RECORDS MUST BE MAINTAINED ON SITE FOR AT LEAST FIVE YEARS AND
    2  MUST BE MADE AVAILABLE TO THE DEPARTMENT UPON WRITTEN OR VERBAL REQUEST.
    3    (7)  NEW  FACILITIES,  OR  FACILITIES  INSTALLING  NEW EQUIPMENT, MUST
    4  SUBMIT A COMPLIANCE REPORT WITHIN THIRTY DAYS OF COMMENCING OPERATION TO
    5  CERTIFY COMPLIANCE WITH THE FEDERAL NESHAP REQUIREMENTS. THIS  STATEMENT
    6  MUST INCLUDE:
    7    (A) THE NAME AND ADDRESS OF THE OWNER OR OPERATOR;
    8    (B)  THE  ADDRESS  (THAT  IS,  PHYSICAL  LOCATION) OF THE DRY CLEANING
    9  FACILITY;
   10    (C) AN ESTIMATION OF THE ANNUAL PERC CONSUMPTION;
   11    (D) A DESCRIPTION OF THE MACHINES' CONTROL DEVICES;
   12    (E) A STATEMENT VERIFYING COMPLIANCE WITH EACH APPLICABLE  REQUIREMENT
   13  UNDER 40 CFR SECTIONS 63.322, 63.323, AND 63.324; AND
   14    (F)  A  STATEMENT  CERTIFYING  THAT  ALL  INFORMATION CONTAINED IN THE
   15  STATEMENT IS ACCURATE AND TRUE.
   16    (8) FACILITIES EXCEEDING THE CONSUMPTION THRESHOLDS IDENTIFIED  IN  40
   17  CFR SECTION 63.620(D), (E), OR (G) MUST SUBMIT A COMPLIANCE REPORT WITH-
   18  IN  THIRTY  DAYS  OF  THE COMPLIANCE DEADLINE OF ONE HUNDRED EIGHTY DAYS
   19  CERTIFYING COMPLIANCE WITH ANY  ADDITIONAL  FEDERAL  REQUIREMENTS.  THIS
   20  STATEMENT MUST INCLUDE:
   21    (A) THE NAME AND ADDRESS OF THE OWNER OR OPERATOR;
   22    (B)  THE  ADDRESS  (THAT  IS,  PHYSICAL  LOCATION) OF THE DRY CLEANING
   23  FACILITY;
   24    (C) AN ESTIMATION OF THE ANNUAL PERC CONSUMPTION;
   25    (D) A DESCRIPTION OF THE MACHINES' CONTROL DEVICES;
   26    (E) A STATEMENT VERIFYING COMPLIANCE WITH EACH APPLICABLE  REQUIREMENT
   27  UNDER 40 CFR SECTIONS 63.322, 63.323, AND 63.324; AND
   28    (F)  A  STATEMENT  CERTIFYING  THAT  ALL  INFORMATION CONTAINED IN THE
   29  STATEMENT IS ACCURATE AND TRUE.
   30  S 19-1323. EQUIPMENT TESTING AND CERTIFICATION.
   31    (1) PROHIBITIONS AND REQUIREMENTS. THE PROVISIONS OF THIS  SUBDIVISION
   32  SHALL  BE  EFFECTIVE SIXTY DAYS AFTER THE DATE THAT THE FIRST QUALIFYING
   33  TESTING PROGRAM IS APPROVED BY THE DEPARTMENT OR ITS AGENT.
   34    (A) ONLY THE FOLLOWING KINDS OF DRY CLEANING EQUIPMENT  ARE  PERMITTED
   35  TO  BE  INSTALLED IN PERC DRY CLEANING FACILITIES SUBJECT TO THIS TITLE:
   36  NEW CLOSED LOOP DRY CLEANING MACHINES; CONVERTED DRY CLEANING  MACHINES;
   37  DOOR  FAN  SYSTEMS;  OR, ADD-ON SECONDARY CONTROL SYSTEMS WHICH MEET THE
   38  DESIGN AND  PERFORMANCE  STANDARDS  AND  TESTING  REQUIREMENTS  OF  THIS
   39  SECTION.  UNLESS  OTHERWISE  SPECIFIED  IN  THIS TITLE, THE DRY CLEANING
   40  EQUIPMENT AS MANUFACTURED AND INSTALLED MUST COMPLY IN ALL RESPECTS WITH
   41  THE UNIT UPON WHICH CERTIFICATION BY THE DEPARTMENT  OR  ITS  AGENT  WAS
   42  BASED.
   43    (B)  ANY  MANUFACTURER  OR  VENDOR OF ANY NEW CLOSED LOOP DRY CLEANING
   44  EQUIPMENT THAT IS TO BE INSTALLED IN AND USED BY A DRY CLEANING FACILITY
   45  IN NEW YORK STATE MUST APPLY FOR  AND  RECEIVE  CERTIFICATION  FROM  THE
   46  DEPARTMENT  OR ITS AGENT THAT THE EQUIPMENT TO BE INSTALLED AND OPERATED
   47  COMPLIES IN ALL RESPECTS WITH  THE  PERFORMANCE  STANDARDS  AND  TESTING
   48  REQUIREMENTS  OF  THIS  TITLE. SUCH CERTIFICATION MUST INCLUDE OPERATING
   49  PARAMETERS UNDER WHICH THE  EQUIPMENT  WAS  TESTED  TO  RECEIVE  CERTIF-
   50  ICATION.
   51    (C) IT IS UNLAWFUL FOR ANY PERSON TO SELL, OFFER FOR SALE, CAUSE TO BE
   52  OFFERED FOR SALE, LEASE OR REPRESENT NEW CLOSED LOOP DRY CLEANING EQUIP-
   53  MENT  OR  ANY OTHER MACHINE OR SYSTEM DESCRIBED IN PARAGRAPH (A) OF THIS
   54  SUBDIVISION AS ONE WHICH CAN BE USED BY A DRY CLEANING FACILITY  IN  NEW
   55  YORK STATE UNLESS IT HAS BEEN CERTIFIED BY THE DEPARTMENT OR ITS AGENT.
       A. 378                             24
    1    (D)  THE  CONTRACT  OF SALE, LEASE, OR USE BETWEEN THE MANUFACTURER OR
    2  VENDOR AND DRY CLEANING EQUIPMENT USER MUST CONTAIN,  AT  A  MINIMUM,  A
    3  PROVISION  STATING  THAT  THE MANUFACTURER OR VENDOR MUST, UPON REQUEST,
    4  PROVIDE THE USER WITH A COPY OF THE CERTIFICATION OF  THE  EQUIPMENT  BY
    5  THE DEPARTMENT OR ITS AGENT, AS REQUIRED IN THIS TITLE.
    6    (E)  THE MANUFACTURER OR VENDOR MUST PROVIDE IMMEDIATE NOTIFICATION TO
    7  THE DEPARTMENT OF ANY GENERIC DESIGN OR FUNCTIONAL DEFECT DISCOVERED  IN
    8  THE  EQUIPMENT. SUCH NOTICE MUST INCLUDE A DETAILED PLAN OF THE MANUFAC-
    9  TURER'S OR VENDOR'S REMEDY.
   10    (F) AFTER THE CERTIFIED DRY CLEANING EQUIPMENT HAS BEEN  INSTALLED  AT
   11  THE  USER'S  FACILITY, THE MANUFACTURER OR MANUFACTURER'S REPRESENTATIVE
   12  MUST SUPPLY AT LEAST A TWO-DAY TRAINING  SESSION  TO  THE  PURCHASER  OR
   13  LEASEE.  THE  TRAINING  MUST  INCLUDE INSTRUCTION ON HOW TO MAINTAIN AND
   14  OPERATE THE DRY CLEANING MACHINE. THIS REQUIREMENT  DOES  NOT  APPLY  TO
   15  ADD-ON DOOR FAN SYSTEMS DESIGNED TO CAPTURE DRUM VAPORS WHEN THE DOOR IS
   16  OPEN.
   17    (2)  EQUIPMENT TESTING. FOR A GIVEN DESIGN, A SINGLE TEST PROGRAM MUST
   18  BE CONDUCTED IN ACCORDANCE WITH THE  FOLLOWING  PROCEDURES:  THE  PERSON
   19  CONDUCTING  THE  TEST  PROGRAM  MUST  PREPARE  A  WRITTEN TEST PLAN THAT
   20  DESCRIBES, IN DETAIL, THE DRY CLEANING MACHINE AND CONTROL SYSTEMS BEING
   21  TESTED, THE TEST PROTOCOL, AND TEST METHODS.
   22    (A) TEST PROGRAM AND  SCOPE.    A  MINIMUM  OF  THREE  TESTS  MUST  BE
   23  CONDUCTED  FOR  EACH  TEST  PROGRAM  ON EACH CONTROL SYSTEM DESIGN.  ALL
   24  TESTS FOR A SINGLE TEST PROGRAM MUST BE CONDUCTED ON A SINGLE DRY CLEAN-
   25  ING MACHINE.
   26    (B) TEST CONDITIONS.  TESTING MUST BE CONDUCTED UNDER NORMAL OPERATING
   27  CONDITIONS, UNLESS OTHERWISE SPECIFIED.
   28    (I) FOR PRIMARY CONTROL SYSTEMS AND SECONDARY  CONTROL  SYSTEMS,  EACH
   29  TEST MUST BE CONDUCTED DURING THE CLEANING OF ONE LOAD OF MATERIALS.
   30    (A)  THE MACHINE MUST BE FILLED TO NO LESS THAN ONE HUNDRED PERCENT OF
   31  ITS CAPACITY WITH ARTICLES FOR EACH TEST.  AT LEAST SEVENTY  PERCENT  OF
   32  THE LOAD TO BE CLEANED MUST BE WOOL OR PADDED MATERIAL.
   33    (B) THE WEIGHT OF ARTICLES MUST BE RECORDED FOR EACH TEST.
   34    (II) A PRIMARY CONTROL SYSTEM MUST BE TESTED ON A CLOSED-LOOP MACHINE,
   35  OR A CONVERTED MACHINE, WITHOUT A SECONDARY CONTROL SYSTEM.
   36    (III)  A  SECONDARY  CONTROL  SYSTEM  MUST  BE TESTED ON A CLOSED-LOOP
   37  MACHINE.
   38    (A) AN INTEGRAL SECONDARY CONTROL  SYSTEM  MUST  BE  TESTED  WITH  THE
   39  PRIMARY CONTROL SYSTEM OPERATING NORMALLY.
   40    (B) AN ADD-ON SECONDARY CONTROL SYSTEM MUST BE TESTED INDEPENDENT OF A
   41  PRIMARY  CONTROL  SYSTEM  AND THE INITIAL PERC CONCENTRATION IN THE DRUM
   42  MUST BE 8600 PPM OR GREATER.
   43    (C) TEST METHOD.   EQUIPMENT MUST BE TESTED  IN  ACCORDANCE  WITH  THE
   44  FOLLOWING  METHODS.    FOR PRIMARY CONTROL SYSTEMS AND SECONDARY CONTROL
   45  SYSTEMS:
   46    (I) THE TEMPERATURE OF THE AIR  IN  THE  DRUM  MUST  BE  MEASURED  AND
   47  RECORDED  CONTINUOUSLY  DURING  THE  ENTIRE  DRYING CYCLE, INCLUDING THE
   48  OPERATION OF THE SECONDARY CONTROL SYSTEM.
   49    (II) SAMPLING MUST BE CONDUCTED AS FOLLOWS:
   50    (A)  FOR  PRIMARY  CONTROL  SYSTEMS  AND  INTEGRAL  SECONDARY  CONTROL
   51  SYSTEMS,  SAMPLING  MUST  BEGIN  AT  THE  END OF THE DRYING CYCLE AND BE
   52  COMPLETED WITHIN FIVE MINUTES.
   53    (B) FOR ADD-ON SECONDARY CONTROL SYSTEMS, SAMPLING MUST BE  DONE  WHEN
   54  THE  CONCENTRATION  OF  PERC  IS  8600 PPM OR GREATER AND AGAIN WHEN THE
   55  CONCENTRATION REACHES 300 PPM OR LESS.
       A. 378                             25
    1    (C) SAMPLING MUST BE COMPLETED PRIOR TO THE  OPENING  OF  THE  MACHINE
    2  DOOR AND ACTIVATION OF ANY FUGITIVE CONTROL SYSTEM.
    3    (III) THE PERC CONCENTRATION IN THE DRUM MUST BE DETERMINED BY ANALYT-
    4  ICAL METHODS APPROVED BY THE DEPARTMENT OR ITS AGENT.
    5    (A)  THE  PERSON  OR  ORGANIZATION  CONDUCTING  THE  TEST PROGRAM MUST
    6  INCLUDE THE PROPOSED ANALYTICAL METHODS IN THE REQUIRED TEST PLAN.
    7    (B) ALL TEST RESULTS MUST BE PROVIDED TO THE DEPARTMENT  UPON  REQUEST
    8  FOR CERTIFICATION OF EQUIPMENT.
    9    (3)  CERTIFICATION OF DRY CLEANING EQUIPMENT.  (A) THE MANUFACTURER OR
   10  VENDOR OF THE DRY CLEANING EQUIPMENT MUST SUBMIT THE  FOLLOWING  TO  THE
   11  DEPARTMENT  OR ITS AGENT WHEN REQUESTING CERTIFICATION OF THE EQUIPMENT.
   12  SEPARATE DOCUMENTATION MUST BE SUBMITTED FOR EACH DRY CLEANING EQUIPMENT
   13  DESIGN, MARKETED UNDER  DIFFERENT  NAMES  OR  MODEL  NUMBERS,  THAT  THE
   14  DEPARTMENT IS REQUESTED TO CERTIFY.
   15    (I)  A  DETAILED  DESCRIPTION  OF  THE  DRY  CLEANING  SYSTEM,  AND  A
   16  DESCRIPTION OF THE CAPABILITIES AND  PROCEDURES  FOR  THE  INSTALLATION,
   17  USE,  MAINTENANCE,  REPAIR,  AND  TUNE-UP  OF  THE  SYSTEM,  INCLUDING A
   18  DESCRIPTION OF ANY LOCKOUT SYSTEMS EMPLOYED;
   19    (II) A DESCRIPTION OF HOW PROGRAM UPDATES AND  MODIFICATIONS  WILL  BE
   20  MADE IN ANY MICROPROCESSOR SOFTWARE, IF APPLICABLE;
   21    (III)  A  COPY  OF  THE  DRY  CLEANING  EQUIPMENT WARRANTY AND SERVICE
   22  CONTRACTS, INCLUDING A DESCRIPTION OF THE SERVICING  NETWORK  AND  PARTS
   23  AVAILABILITY  TO  BE ESTABLISHED TO SERVE DRY CLEANING FACILITIES WITHIN
   24  THE STATE;
   25    (IV) A DETAILED DESCRIPTION OF THE PROPOSED  TRAINING  PROGRAM  TO  BE
   26  CONDUCTED  ON-SITE  AT  THE DRY CLEANING FACILITY FOR THE OWNERS, OPERA-
   27  TORS, AND EMPLOYEES;
   28    (V) A COPY OF THE OPERATOR'S MANUAL, WRITTEN IN PLAIN LANGUAGE, COVER-
   29  ING USE, MAINTENANCE, AND PARTS AND SERVICE INFORMATION,  THAT  MUST  BE
   30  PROVIDED WITH THE DRY CLEANING EQUIPMENT; AND
   31    (VI) SUCH OTHER MATERIAL OR INFORMATION AS THE DEPARTMENT OR ITS AGENT
   32  MAY REQUIRE TO ASCERTAIN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.
   33    (B)  EACH  MANUFACTURER  OR VENDOR OF DRY CLEANING EQUIPMENT FOR WHICH
   34  CERTIFICATION IS REQUESTED MUST MAINTAIN CALIBRATING  SERVICING  TO  THE
   35  USER  FACILITY FOR AT LEAST FIVE YEARS FOR ANY SENSORS OR INTEGRAL MEAS-
   36  URING DEVICES THAT ARE CRUCIAL TO  THE  CONTINUED  COMPLIANCE  WITH  ANY
   37  PERFORMANCE STANDARDS UNDER THIS TITLE.
   38    (C)  EACH  MANUFACTURER  OR VENDOR OF DRY CLEANING EQUIPMENT FOR WHICH
   39  CERTIFICATION IS REQUESTED MUST CERTIFY TO THE DEPARTMENT OR  ITS  AGENT
   40  THAT THE EQUIPMENT COMPLIES WITH ALL OTHER APPLICABLE NEW YORK STATE AND
   41  FEDERAL  CERTIFICATION  REQUIREMENTS.    THE MANUFACTURER OR VENDOR MUST
   42  SUBMIT COPIES OF ANY APPROPRIATE APPROVAL OR CERTIFICATION.
   43    (D) THE DEPARTMENT OR ITS AGENT MUST PERFORM  TESTING,  IN  ACCORDANCE
   44  WITH THIS SECTION, FOR ANY DRY CLEANING EQUIPMENT FOR WHICH THE MANUFAC-
   45  TURER OR VENDOR REQUESTS CERTIFICATION.
   46    (I)  THE  MANUFACTURER  OR  VENDOR  MUST PROVIDE A PRODUCTION UNIT FOR
   47  TESTING AT THE TIME THAT THE DEPARTMENT OR ITS  AGENT  IS  REQUESTED  TO
   48  CERTIFY THE EQUIPMENT;
   49    (II)  THE  MANUFACTURER  MUST  DEMONSTRATE  THAT THE UNIT PROVIDED FOR
   50  TESTING AND CERTIFICATION WAS SELECTED AT  RANDOM  FROM  THE  PRODUCTION
   51  PROCESS AND IS TYPICAL OF ALL UNITS PRODUCED BY THE MANUFACTURER;
   52    (III)  WHEN  THE  INITIAL  TESTING REVEALS ANY CONDITION THAT REQUIRES
   53  CORRECTION OR REPAIRS BY THE MANUFACTURER OR VENDOR, THE  DEPARTMENT  OR
   54  ITS  AGENT  SHALL  RETEST THE EQUIPMENT AS SOON AS PRACTICABLE AFTER THE
   55  MANUFACTURER OR VENDOR COMPLETES WHATEVER MODIFICATIONS MAY  BE  NEEDED;
   56  AND
       A. 378                             26
    1    (IV)  THE  DEPARTMENT  OR  ITS  AGENT SHALL NOTIFY THE MANUFACTURER OR
    2  VENDOR OF ANY DEFICIENCIES IN THE EQUIPMENT THAT WOULD PREVENT  IT  FROM
    3  BEING CERTIFIED.
    4  S  19-1325.  DRY CLEANING OWNER/MANAGER, OPERATOR AND INSPECTOR TRAINING
    5               AND CERTIFICATION.
    6    (1) NO DRY CLEANING FACILITY SUBJECT TO THIS TITLE SHALL BE  PERMITTED
    7  TO  OPERATE  UNLESS  SAID  FACILITY IS UNDER THE SUPERVISION OF A PERSON
    8  POSSESSING A DRY  CLEANING  OWNER/MANAGER  CERTIFICATION;  AND  THE  DRY
    9  CLEANING MACHINE IS OPERATED BY A PERSON HOLDING A DRY CLEANING OPERATOR
   10  CERTIFICATION.    EXCEPT FOR THE CONDITIONS ESTABLISHED IN SUBDIVISION 2
   11  OF THIS SECTION, IT IS UNLAWFUL FOR ANY PERSON TO OPERATE A DRY CLEANING
   12  FACILITY SUBJECT TO THIS TITLE UNLESS:
   13    (A) THE FACILITY MANAGER AND/OR OWNER HAS  A  CURRENT  AND  VALID  DRY
   14  CLEANING OWNER/MANAGER CERTIFICATION; AND
   15    (B)  THE  PERSON  OPERATING THE DRY CLEANING MACHINE HAS A CURRENT AND
   16  VALID DRY CLEANING OPERATOR CERTIFICATION.
   17    (2) IN THE EVENT THAT AN UNFORESEEN/UNPREDICTABLE SITUATION PREVENTS A
   18  DRY CLEANING FACILITY FROM HAVING A CERTIFIED OPERATOR OPERATING THE DRY
   19  CLEANING EQUIPMENT, THE OWNER/MANAGER SHALL BE ALLOWED TO CONTINUE OPER-
   20  ATION OF THE DRY CLEANING MACHINE WITH A NON-CERTIFIED  OPERATOR  FOR  A
   21  PERIOD  NOT TO EXCEED THREE DAYS PER OCCURRENCE.  UNDER NO CIRCUMSTANCES
   22  MAY AN UNCERTIFIED OPERATOR OPERATE DRY CLEANING EQUIPMENT AT ANY FACIL-
   23  ITY FOR A TOTAL OF MORE THAN TEN DAYS IN ANY CALENDAR YEAR.  IF, THE USE
   24  OF AN UNCERTIFIED OPERATOR WOULD CAUSE NONPERFORMANCE OF REQUIRED  MAIN-
   25  TENANCE AND LEAK DETECTION, THE FACILITY MUST SUSPEND DRY CLEANING OPER-
   26  ATIONS  UNTIL  A  CERTIFIED OPERATOR IS AVAILABLE.   THE PURPOSE OF THIS
   27  PROVISION IS TO ACCOMMODATE EMERGENCY OR UNFORESEEN EXTENUATING  CIRCUM-
   28  STANCES  AND  MUST  NOT  BE  USED  TO  COVER  ROUTINE SITUATIONS SUCH AS
   29  VACATIONS, OR OTHER SCHEDULED ABSENCES.
   30    (3) A DRY CLEANING OWNER/MANAGER CERTIFICATION MAY BE  ISSUED  BY  ANY
   31  ORGANIZATION  THAT OFFERS A TRAINING PROGRAM (INCLUDING REFRESHER COURS-
   32  ES) APPROVED BY THE DEPARTMENT THAT INCLUDES, BUT IS NOT LIMITED TO, THE
   33  FOLLOWING ELEMENTS:
   34    (A) COURSE TOPICS:
   35    (I) THE HISTORY OF DRY CLEANING AND WET CLEANING TECHNIQUES  INCLUDING
   36  THE APPROPRIATE USE OF EACH;
   37    (II) ALTERNATIVES TO PERC, INCLUDING GREATER USE OF WET CLEANING;
   38    (III) THE CHARACTERISTICS AND ENVIRONMENTAL EFFECTS OF PERC;
   39    (IV) THE HEALTH IMPACTS OF PERC;
   40    (V) KNOWLEDGE OF PERSONAL PROTECTIVE EQUIPMENT;
   41    (VI)  FEDERAL,  STATE  AND  LOCAL  GOVERNMENT  OPERATION, MAINTENANCE,
   42  RECORDKEEPING AND REPORTING REQUIREMENTS, INCLUDING  THE  ADMINISTRATION
   43  AND  IMPLEMENTATION  OF APPROPRIATE STATE AND FEDERAL LABOR, HEALTH, AND
   44  SAFETY LAWS AND REGULATIONS;
   45    (VII)  KNOWLEDGE  OF  DRY  CLEANING  SYSTEMS  INCLUDING  ENVIRONMENTAL
   46  CONTROL EQUIPMENT AND GENERAL AND LOCAL EXHAUST VENTILATION SYSTEMS;
   47    (VIII)  OPERATION  OF  DRY  CLEANING  SYSTEMS  INCLUDING ENVIRONMENTAL
   48  CONTROL EQUIPMENT AND THE USE OF PERC-CONTAMINATED  WASTEWATER  EVAPORA-
   49  TORS;
   50    (IX)  MAINTENANCE  OF  DRY CLEANING SYSTEMS INCLUDING SPILL PREVENTION
   51  TECHNIQUES;
   52    (X) INSPECTION AND TESTING OF DRY CLEANING SYSTEMS FOR LEAKS AND FUGI-
   53  TIVE EMISSIONS;
   54    (XI) MONITORING OF PERC LEVELS IN THE AIR;
   55    (XII) MAXIMIZING PERC RECLAMATION AND MILEAGE; AND,
       A. 378                             27
    1    (XIII) WASTE HANDLING REQUIREMENTS TO MINIMIZE PERC LOSS TO THE  ENVI-
    2  RONMENT.
    3    (B) ADMINISTRATION. THE COURSE ADMINISTRATION MUST INCLUDE:
    4    (I)  TESTING  BY  AN  INDEPENDENT  TESTING  ORGANIZATION, COVERING ALL
    5  TOPICS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION; AND
    6    (II) PROCEDURES FOR REVOCATION OF CERTIFICATION.
    7    (4) A DRY CLEANING OPERATOR CERTIFICATION MAY BE ISSUED BY ANY  ORGAN-
    8  IZATION  THAT OFFERS A TRAINING AND TESTING PROGRAM (INCLUDING REFRESHER
    9  COURSES) APPROVED BY THE DEPARTMENT THAT INCLUDES, BUT  IS  NOT  LIMITED
   10  TO, THE FOLLOWING ELEMENTS:
   11    (A) COURSE TOPICS:
   12    (I) THE CHARACTERISTICS AND ENVIRONMENTAL EFFECTS OF PERC;
   13    (II) APPROPRIATE USE OF WET CLEANING;
   14    (III) THE HEALTH IMPACTS OF PERC;
   15    (IV) KNOWLEDGE OF PERSONAL PROTECTIVE EQUIPMENT;
   16    (V) STATE RECORDKEEPING AND REPORTING REQUIREMENTS;
   17    (VI) KNOWLEDGE OF GENERAL AND LOCAL EXHAUST VENTILATION SYSTEMS;
   18    (VII)  OPERATION  OF  DRY  CLEANING  SYSTEMS  INCLUDING  ENVIRONMENTAL
   19  CONTROL EQUIPMENT AND THE USE OF PERC-CONTAMINATED  WASTEWATER  EVAPORA-
   20  TORS;
   21    (VIII)  MAINTENANCE OF DRY CLEANING SYSTEMS INCLUDING SPILL PREVENTION
   22  TECHNIQUES;
   23    (IX) INSPECTION AND TESTING OF DRY  CLEANING  SYSTEMS  FOR  LEAKS  AND
   24  FUGITIVE EMISSIONS;
   25    (X) MONITORING OF PERC LEVELS IN THE AIR;
   26    (XI) MAXIMIZING PERC RECLAMATION AND MILEAGE; AND
   27    (XII)  WASTE  HANDLING REQUIREMENTS TO MINIMIZE PERC LOSS TO THE ENVI-
   28  RONMENT.
   29    (B) ADMINISTRATION. THE PROGRAM ADMINISTRATION MUST INCLUDE:
   30    (I) A HANDS ON PROGRAM DESIGNED TO TEST AN ACCEPTABLE LEVEL  OF  KNOW-
   31  LEDGE.  SUCCESSFUL COMPLETION OF THE PROGRAM MUST INCLUDE A DEMONSTRATED
   32  KNOWLEDGE OF ALL TOPICS LISTED IN PARAGRAPH (A) OF SUBDIVISION 3 OF THIS
   33  SECTION.
   34    (II) PROCEDURES FOR REVOCATION OF CERTIFICATE.
   35    (5) INDIVIDUALS THAT INSPECT DRY  CLEANING  FACILITIES,  EITHER  AS  A
   36  REGISTERED INSPECTOR OR UNDER THE SUPERVISION OF A REGISTERED INSPECTOR,
   37  MUST OBTAIN A DRY CLEANER OWNER/MANAGER CERTIFICATION.
   38    (6)  EFFECTIVE  DATE  FOR  DRY CLEANING OWNER/MANAGER AND DRY CLEANING
   39  OPERATOR CERTIFICATION. AFTER THE DATE OF THE FIRST QUALIFYING  TRAINING
   40  PROGRAM APPROVED BY THE DEPARTMENT, THE REQUIREMENTS OF THIS SUBDIVISION
   41  SHALL  TAKE  EFFECT  AND  THE  FIRST TRAINING AND CERTIFICATION SHALL BE
   42  MANDATORY ACCORDING TO THE FOLLOWING SCHEDULE:
   43    (A) UPON START UP FOR ALL OPERATORS OF  NEW  DRY  CLEANING  FACILITIES
   44  UNLESS  THE  FACILITY OWNER/MANAGER CAN DEMONSTRATE THAT COMPLIANCE WITH
   45  THIS REQUIREMENT POSES AN UNREASONABLE BURDEN BECAUSE  OF  THE  UNAVAIL-
   46  ABILITY OF SCHEDULED TRAINING COURSES OR TESTING FACILITIES;
   47    (B) THREE MONTHS FOR OPERATORS OF ALL EXISTING DRY CLEANING FACILITIES
   48  THAT ARE IN MIXED-USE LOCATIONS AND THAT CONTAIN TRANSFER MACHINES;
   49    (C)  SIX  MONTHS FOR OPERATORS OF ALL EXISTING DRY CLEANING FACILITIES
   50  IN MIXED-USE LOCATIONS THAT CONTAIN DRY-TO-DRY VENTED  MACHINES  BUT  DO
   51  NOT CONTAIN TRANSFER MACHINES;
   52    (D)  NINE  MONTHS  FOR  OPERATORS  OF ALL THE REST OF THE EXISTING DRY
   53  CLEANING FACILITIES IN MIXED-USE LOCATIONS;
   54    (E) TWELVE MONTHS FOR OPERATORS OF ALL EXISTING DRY  CLEANING  FACILI-
   55  TIES IN STAND-ALONE LOCATIONS THAT CONTAIN TRANSFER MACHINES;
       A. 378                             28
    1    (F)  FIFTEEN  MONTHS  FOR  OPERATORS  OF  ALL THE REST OF EXISTING DRY
    2  CLEANING FACILITIES IN STAND-ALONE  LOCATIONS  THAT  CONTAIN  DRY-TO-DRY
    3  VENTED MACHINES BUT DO NOT CONTAIN TRANSFER MACHINES; AND,
    4    (G)  EIGHTEEN  MONTHS  FOR  OPERATORS  OF ALL THE REST OF EXISTING DRY
    5  CLEANING FACILITIES IN STAND-ALONE LOCATIONS.
    6    (7) A DRY CLEANING OPERATOR CERTIFICATION SHALL BE VALID FOR  A  THREE
    7  YEAR PERIOD AND MAY BE RENEWED UPON COMPLETION OF A REFRESHER COURSE.
    8    (8) PERSONS OR ORGANIZATIONS AUTHORIZED TO OFFER OPERATOR TRAINING AND
    9  CERTIFICATION  COURSES  MAY  NOT REQUIRE MEMBERSHIP IN AN ASSOCIATION OR
   10  PURCHASE OF A PRODUCT AS A  PREREQUISITE  TO  ENROLLMENT  OR  SUCCESSFUL
   11  COMPLETION OF THE COURSE.
   12    (9)  AN  AUTHORIZATION  TO  OFFER  OPERATOR TRAINING AND CERTIFICATION
   13  COURSES IS VALID FOR A MAXIMUM OF FIVE YEARS. THE AUTHORIZATION  MAY  BE
   14  RENEWED BY FILING AN APPLICATION PROVIDED BY THE DEPARTMENT. SUCH APPLI-
   15  CATION  MUST BE FILED AT LEAST SIX MONTHS PRIOR TO THE EXPIRATION OF THE
   16  CURRENT AUTHORIZATION.
   17    (10) THE COMMISSIONER SHALL, IN CONJUNCTION  WITH  REPRESENTATIVES  OF
   18  THE  EMPLOYEES,  OWNERS  AND OPERATORS OF DRY CLEANING FACILITIES IN NEW
   19  YORK STATE, DEVELOP DRY CLEANING TRAINING PROGRAMS TO  ENHANCE  EMPLOYEE
   20  AND  OWNER  UNDERSTANDING  OF  DRY CLEANING TECHNOLOGIES AND ALTERNATIVE
   21  CLEANING METHODS  AS  WELL  AS  BUSINESS  AND  EMPLOYMENT  SKILLS.  SUCH
   22  PROGRAMS  SHALL  BE  ADMINISTERED  BY THE DEPARTMENT AND PROVIDED BY DRY
   23  CLEANING EMPLOYEES, OWNERS AND  OPERATORS.  ALL  EMPLOYEES,  OWNERS  AND
   24  OPERATORS  OF  DRY  CLEANING  FACILITIES  SHALL  BE REQUIRED TO ATTEND A
   25  TRAINING PROGRAM ONCE EVERY TWO YEARS.
   26  S 19-1327. PERMITTING.
   27    (1) ANY PERSON PROPOSING TO CONSTRUCT A NEW PERC DRY CLEANING  FACILI-
   28  TY,  OR  MAKE MODIFICATIONS TO EXISTING SYSTEMS THAT ARE NOT REQUIRED IN
   29  ORDER TO COMPLY WITH THE EQUIPMENT STANDARDS UNDER  SECTION  19-1309  OF
   30  THIS  TITLE,  MUST  APPLY  FOR  A PERMIT AND RECEIVE DEPARTMENT APPROVAL
   31  BEFORE COMMENCING CONSTRUCTION OR INSTALLATION, EXCEPT AS  PROVIDED  FOR
   32  IN THE PRE-PERMITTING REQUIREMENTS FOR EXISTING FACILITIES.
   33    (2)  ANY  PERSON  WHO  OWNS AN EXISTING FACILITY SUBJECT TO THIS TITLE
   34  MUST TAKE ONE OR MORE OF THE FOLLOWING ACTIONS WITHIN THE  TIME  PERIODS
   35  SPECIFIED  BELOW  IN  ORDER  TO  INFORM THE DEPARTMENT OF THE COMPLIANCE
   36  STATUS OF THEIR FACILITY AND OBTAIN NECESSARY PERMITS AS OF  THE  EFFEC-
   37  TIVE  DATE  OF  THIS  TITLE.  THOSE  FACILITIES PREVIOUSLY EXEMPTED, AND
   38  THEREFORE NOT CURRENTLY REQUIRED TO HAVE PERMITS TO OPERATE EXISTING DRY
   39  CLEANING SYSTEMS, SHALL  BE  CONSIDERED  TO  BE  IN  COMPLIANCE  IF  THE
   40  PROVISIONS  OF  PARAGRAPHS  (A),  (B),  AND  (C) OF THIS SUBDIVISION ARE
   41  COMPLIED WITH.
   42    (A) SUBMIT TO THE DEPARTMENT WRITTEN NOTIFICATION OF  THE  TERMINATION
   43  OF  OPERATION  OF  EACH DRY CLEANING SYSTEM AT THE FACILITY THAT MUST BE
   44  REPLACED AS REQUIRED BY THIS  TITLE  ON  OR  BEFORE  THE  THIRTIETH  DAY
   45  FOLLOWING  THE  COMPLIANCE  DEADLINES  ESTABLISHED IN SECTION 19-1309 OF
   46  THIS TITLE. SUCH NOTIFICATION MUST BE SUBMITTED  TO  THE  DEPARTMENT  BY
   47  MEANS OF CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
   48    (B)  FOR  EXISTING  FACILITIES  THAT  ARE IN COMPLIANCE WITH EQUIPMENT
   49  STANDARDS UNDER SECTION 19-1309 OF THIS TITLE, THE OWNER MUST  OBTAIN  A
   50  REGISTRATION  IN  ACCORDANCE WITH REGULATIONS TO CONTINUE TO OPERATE THE
   51  DRY CLEANING SYSTEMS. REGISTRATION APPLICATIONS  MUST  BE  SUBMITTED  AT
   52  LEAST  SIXTY CALENDAR DAYS IN ADVANCE OF THE APPLICABLE COMPLIANCE DEAD-
   53  LINE.
   54    (C) FOR EXISTING FACILITIES WHERE DRY CLEANING SYSTEMS MUST  BE  MODI-
   55  FIED  OR  REPLACED  IN  ORDER  TO  COMPLY WITH EQUIPMENT STANDARDS UNDER
   56  SECTION 19-1309 OF THIS TITLE REGISTRATION APPLICATIONS MUST BE  SUBMIT-
       A. 378                             29
    1  TED  TO  THE  DEPARTMENT AT LEAST NINETY CALENDAR DAYS IN ADVANCE OF THE
    2  APPLICABLE COMPLIANCE DEADLINES.
    3    (3)  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISIONS 1 AND 2 OF THIS
    4  SECTION, PERC DRY CLEANING FACILITIES THAT ARE MAJOR STATIONARY  SOURCES
    5  MUST  COMPLY  WITH ALL REQUIREMENTS IN THE RULES AND REGULATIONS PROMUL-
    6  GATED PURSUANT TO THIS CHAPTER WITH REGARD TO OBTAINING A TITLE V FACIL-
    7  ITY PERMIT.
    8  S 19-1329. COMPLIANCE INSPECTIONS.
    9    (1) STAND-ALONG DRY CLEANING FACILITIES MUST  BE  INSPECTED  AT  LEAST
   10  ANNUALLY,  AND  MIXED-USE  FACILITIES MUST BE INSPECTED ACCORDING TO THE
   11  FOLLOWING SCHEDULE:
   12    (A) AT LEAST TWICE ANNUALLY WHERE ANY TRANSFER  OR  DRY-TO-DRY  VENTED
   13  EQUIPMENT IS OPERATED; OR
   14    (B) AT LEAST ANNUALLY WHERE ONLY NON-VENTED EQUIPMENT IS OPERATED.
   15    (2) SUCH INSPECTIONS MUST BE PERFORMED BY AN INSPECTOR REGISTERED WITH
   16  THE  DEPARTMENT  OR  BY AN INDIVIDUAL WORKING UNDER THE SUPERVISION OF A
   17  REGISTERED INSPECTOR.
   18    (3) ALL REGISTERED INSPECTORS MUST MEET THE REQUIREMENTS OF PARAGRAPHS
   19  (A), (B) AND (C) OF THIS SUBDIVISION. ALL INDIVIDUALS WORKING UNDER  THE
   20  SUPERVISION  OF  A  REGISTERED  INSPECTOR  MUST MEET THE REQUIREMENTS OF
   21  PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.
   22    (A) THE INSPECTOR MUST BE ONE OF THE FOLLOWING:
   23    (I) A LICENSED PROFESSIONAL ENGINEER;
   24    (II) A REGISTERED ARCHITECT; OR
   25    (III) A CERTIFIED INDUSTRIAL HYGIENIST.
   26    (B) MUST POSSESS A DRY CLEANER OWNER/MANAGER CERTIFICATION IN  ACCORD-
   27  ANCE  WITH  SECTION 19-1325 OF THIS TITLE AND COMPLETE OTHER APPROPRIATE
   28  TRAINING  AS  SPECIFIED  BY  THE  DEPARTMENT  ON   TOPICS   RELATED   TO
   29  INSPECTIONS.
   30    (C)  MUST  NOT  BE  ENGAGED  IN THE SALES OR MARKETING OF DRY CLEANING
   31  EQUIPMENT. MUST NOT BE ENGAGED IN PROVIDING SERVICES TO THE DRY CLEANING
   32  INDUSTRY. EMPLOYEES OF TRADE ASSOCIATIONS MAY NOT  CONDUCT  INSPECTIONS,
   33  BUT  TRADE  ASSOCIATIONS  MAY SOLICIT BIDS FOR PERFORMING INSPECTIONS ON
   34  BEHALF OF THEIR MEMBERS.
   35    (4) THE DEPARTMENT MUST BE NOTIFIED OF ALL INSPECTIONS, IN WRITING  AT
   36  LEAST  SEVEN  DAYS  PRIOR  TO  INSPECTION,  IN  A FORM ACCEPTABLE TO THE
   37  DEPARTMENT, BY THE REGISTERED INSPECTOR.
   38    (5) INSPECTIONS MUST BE CONDUCTED IN ACCORDANCE WITH PROTOCOLS  SPECI-
   39  FIED  BY THE DEPARTMENT, USING AN INSPECTION REPORTING FORM SPECIFIED BY
   40  THE DEPARTMENT.
   41    (6) ANALYSIS OF AIR SAMPLES COLLECTED BY PASSIVE SAMPLING  DEVICES  OR
   42  THE  EQUIVALENT MUST BE CONDUCTED BY A LABORATORY CERTIFIED BY THE ENVI-
   43  RONMENTAL LABORATORY APPROVAL PROGRAM  (ELAP)  OF  THE  NEW  YORK  STATE
   44  DEPARTMENT OF HEALTH.
   45    (7)  THE  INSPECTION SHALL VERIFY THAT THE DEPARTMENT NOTICE IS POSTED
   46  IN A CONSPICUOUS LOCATION IN THE FACILITY.
   47    (8) AFTER THE INSPECTION IS COMPLETED, THE REGISTERED  INSPECTOR  MUST
   48  PROVIDE  A  COMPLETED INSPECTION REPORTING FORM TO THE DEPARTMENT AND TO
   49  THE FACILITY OWNER WITHIN FORTY-FIVE DAYS OF THE INSPECTION.
   50    (9) FAILURE OF THE REGISTERED  INSPECTOR  TO  COMPLY  WITH  THE  ABOVE
   51  REQUIREMENTS  MAY RESULT IN THE REMOVAL OF THE REGISTERED INSPECTOR FROM
   52  THE DEPARTMENT'S LIST OF REGISTERED INSPECTORS.
   53    (10) THE OWNER/MANAGER OR OPERATOR MUST:
   54    (A) MAKE AVAILABLE UPON REQUEST THE MOST RECENT  COMPLETED  INSPECTION
   55  REPORTING  FORM  TO INTERESTED INDIVIDUALS FOR REVIEW ON PREMISES DURING
   56  NORMAL BUSINESS HOURS.
       A. 378                             30
    1    (B) IF THE INSPECTION REVEALS A LEAK OR MALFUNCTION, THE FACILITY MUST
    2  BE REPAIRED WITH THE TIMEFRAMES ESTABLISHED IN SECTION 19-1311  OF  THIS
    3  TITLE AND REINSPECTED WITHIN ONE MONTH.
    4  S 19-1331. EQUIVALENCY.
    5    (1)  ANY PERSON REQUESTING THAT USE OF ALTERNATIVE EQUIPMENT OR PROCE-
    6  DURES BE CONSIDERED BY THE DEPARTMENT, AS EQUIVALENT TO THE REQUIREMENTS
    7  UNDER SECTION 19-1309 OF THIS TITLE, MUST COLLECT, VERIFY AND SUBMIT  TO
    8  THE  DEPARTMENT  THE  FOLLOWING INFORMATION TO SHOW THAT THE ALTERNATIVE
    9  ACHIEVES EQUIVALENT EMISSION REDUCTIONS:
   10    (A) DIAGRAMS, AS APPROPRIATE, ILLUSTRATING THE EMISSION CONTROL  TECH-
   11  NOLOGY,  ITS OPERATION AND INTEGRATION INTO OR FUNCTION WITH CLOSED LOOP
   12  THIRD  GENERATION  MACHINES  AND  DRY-TO-DRY  VENTED  SECOND  GENERATION
   13  MACHINES;
   14    (B)  INFORMATION  INDICATING  THE LEVELS OF VENTED PERC EMISSIONS FROM
   15  DRY-TO-DRY SECOND GENERATION MACHINES DURING EACH  PORTION  OF  THE  DRY
   16  CLEANING  CYCLE WITH AND WITHOUT THE USE OF ALTERNATIVE EMISSION CONTROL
   17  TECHNOLOGY THAT IS BEING TESTED, AND INFORMATION INDICATING  THE  LEVELS
   18  OF FUGITIVE EMISSIONS FROM ALL EQUIPMENT;
   19    (C)  INFORMATION  DETAILING OPERATION AND MAINTENANCE REQUIREMENTS AND
   20  APPROPRIATE TESTING PARAMETERS  CONSISTENT  WITH  SECTIONS  19-1311  AND
   21  19-1313 OF THIS TITLE;
   22    (D)  INFORMATION  DEMONSTRATING  THAT  THE  ENVIRONMENTAL  IMPACTS ARE
   23  CONSISTENT WITH SECTIONS 19-1311 AND 19-1313 OF THIS TITLE; AND,
   24    (E) DOCUMENTATION ON SOLVENT MILEAGE (POUNDS OF ARTICLES  CLEANED  PER
   25  GALLON  OF  SOLVENT ADDED) ACHIEVED WITH AND WITHOUT USE OF THE ALTERNA-
   26  TIVE EMISSION CONTROL  TECHNOLOGY.  SOLVENT  MILEAGE  DATA  MUST  BE  OF
   27  CONTINUOUS  DURATION  FOR  AT  LEAST  ONE YEAR UNDER THE CONDITIONS OF A
   28  TYPICAL DRY CLEANING OPERATION. THIS INFORMATION ON SOLVENT MILEAGE MUST
   29  BE ACCOMPANIED BY INFORMATION ON THE DESIGN,  CONFIGURATION,  OPERATION,
   30  AND  MAINTENANCE  OF  THE  SPECIFIC  DRY  CLEANING SYSTEM FROM WHICH THE
   31  SOLVENT MILEAGE INFORMATION WAS OBTAINED.
   32    (2) INFORMATION INDICATING THE LEVEL OF EMISSIONS  REQUIRED  IN  PARA-
   33  GRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS SECTION MUST ACHIEVE EMISSION
   34  REDUCTIONS EQUAL TO OR LESS THAN THOSE STATED IN SECTION 19-1309 OF THIS
   35  TITLE FOR COMPARATIVE TECHNOLOGY.
   36    (3) FOR THE PURPOSE OF DETERMINING EQUIVALENCY OF CONTROL OF EMISSIONS
   37  TO THOSE REQUIRED UNDER THIS TITLE, THE DEPARTMENT SHALL EVALUATE WHETH-
   38  ER THE ALTERNATIVE CONTROL TECHNOLOGY HAS BEEN DEMONSTRATED  ADEQUATELY.
   39  IF  THE  DEMONSTRATION  IS ADEQUATE, THE ALTERNATIVE TECHNOLOGY SHALL BE
   40  ELIGIBLE FOR CERTIFICATION.
   41    (4) ANY DECISION MADE BY THE DEPARTMENT IN  ACCORDANCE  WITH  SUBDIVI-
   42  SIONS  1, 2 AND 3 OF THIS SECTION IS CONTINGENT UPON REVIEW AND APPROVAL
   43  BY EPA.
   44  S 19-1333. POSTING NOTICE.
   45    (1) EVERY PERC-BASED DRY CLEANING FACILITY SHALL BE REQUIRED TO PROMI-
   46  NENTLY POST A NOTICE PREPARED  AND  SUPPLIED  BY  THE  DEPARTMENT  IN  A
   47  CONSPICUOUS  LOCATION  IN  THE  DRY  CLEANING  FACILITY WHICH IS READILY
   48  ACCESSIBLE TO ALL BUILDING  TENANTS  AND  CUSTOMERS.  THE  NOTICE  SHALL
   49  CONTAIN  THE FOLLOWING STATEMENTS AND INFORMATION, PRINTED IN LETTERS AT
   50  LEAST 3/8" OR LARGER IN SIZE:
   51    (A) "THIS DRY CLEANING FACILITY USES THE CHEMICAL COMMONLY CALLED PERC
   52  (ALSO CALLED  TETRACHLORETHENE,  TETRACHLOROETHYLENE  OR  PERCHLOROETHY-
   53  LENE)."
   54    (B)  "THE FOLLOWING POTENTIAL HEALTH EFFECTS ARE ASSOCIATED WITH EXPO-
   55  SURE TO PERC EMISSIONS:
       A. 378                             31
    1    (I) PERC HAS BEEN CLASSIFIED BY THE INTERNATIONAL AGENCY FOR  RESEARCH
    2  ON  CANCER AS A 'PROBABLE HUMAN CARCINOGEN', WHICH MEANS THERE ARE RELI-
    3  ABLE STUDIES OF HUMAN POPULATIONS EXPOSED TO  PERC  THAT  SHOW  ELEVATED
    4  CANCER RATES.
    5    (II)  EXPOSURE  TO PERC CAUSES DAMAGE TO THE LIVER, KIDNEY AND CENTRAL
    6  NERVOUS SYSTEM.
    7    (III) PERC MAY BE ABSORBED INTO THE BODY AFTER  INGESTION,  INHALATION
    8  OR CONTACT WITH THE SKIN.
    9    (IV) PERC IS CLASSIFIED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY AS
   10  A HAZARDOUS AIR POLLUTANT.
   11    (C) "YOU SHOULD CONTACT THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
   12  CONSERVATION  IF YOU SMELL CHEMICAL ODORS OR SEE LIQUID LEAKING FROM THE
   13  DRY CLEANING OPERATIONS AT (INCLUDE TELEPHONE NUMBER)."
   14    (D)  "YOU  MAY  REQUEST  INFORMATION  FROM  THIS  DRY  CLEANER   ABOUT
   15  INSPECTIONS  THAT  MAY  HAVE  BEEN CONDUCTED AT THIS FACILITY, INCLUDING
   16  INDOOR AIR TESTING."
   17    (E) NAME OF DRY CLEANING FACILITY, DEPARTMENT PERMIT  OR  REGISTRATION
   18  NUMBER,  FACILITY  ADDRESS,  FACILITY OWNER, EMERGENCY CONTACT TELEPHONE
   19  NUMBER.
   20    (2) THE SIGN MUST BE AT LEAST ELEVEN INCHES  BY  SEVENTEEN  INCHES  IN
   21  SIZE; AND YELLOW WITH BLACK LETTERING.
   22  S 19-1335. SEVERABILITY.
   23    IF  ANY  PROVISION  OF  THIS TITLE OR ITS APPLICATION TO ANY PERSON OR
   24  CIRCUMSTANCE IS HELD INVALID, THE  REMAINDER  OF  THIS  TITLE,  AND  THE
   25  APPLICATION  OF THOSE PROVISIONS TO PERSONS OTHER THAN THOSE TO WHICH IT
   26  IS HELD INVALID, SHALL NOT BE AFFECTED THEREBY.
   27    S 2. The department of  environmental  conservation  shall  take  such
   28  actions as are necessary and appropriate to have perc-based dry cleaning
   29  facilities located in residential buildings phased out within five years
   30  of the effective date of this act.
   31    S  3.  This  act shall take effect on the ninetieth day after it shall
   32  have become a law.