(a) For the purpose of this Rule, the definitions of the New York City Air Pollution Control Code apply.
(b) For the purpose of this Rule, the following definitions also apply:
(1) Adsorptive cartridge filter. A replaceable cartridge filter that contains diatomaceous earth or activated clay as the filter medium.
(2) Ancillary equipment. The equipment used with a dry cleaning machine in a dry cleaning system including, but not limited to, emission control devices, pumps, filters, muck cookers, stills, solvent tanks, solvent containers, water separators, exhaust dampers, diverter valves, interconnecting piping, hoses and ducts.
(3) Articles. Clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.
(4) Azeotropic control device. A dry cleaning control system where the vapor stream from the dry cleaning machine drum is first cooled and condensed to reduce the concentration of perc in the vapor stream, and is then treated with water to further enhance the displacement of perc from the articles when the vapor stream is returned to the machine drum. There is no exhaust to the atmosphere during the drying cycle.
(5) Carbon adsorber. An air cleaning device that consists of an inlet for exhaust gases from a dry cleaning machine; activated carbon in the form of a fixed bed, cartridge, or canister, as an adsorbent; an outlet for exhaust gases; and a system to regenerate, or reclaim saturated adsorbent.
(6) Cartridge filter. A replaceable cartridge filter that contains one of the following as the filter medium: paper, activated carbon, or paper and activated carbon. A cartridge filter contains no diatomaceous earth or activated clay. Cartridge filters include, but are not limited to: standard filters, split filters, "jumbo" filters, and all carbon polishing filters.
(7) Closed-loop machine. Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit (also known as a dry-to-dry unit) and which recirculates perc-laden vapor through a primary control system (e.g., refrigerated condenser) with no exhaust to the atmosphere during the drying cycle. A closed-loop machine may allow for venting to the ambient air through a local exhaust ventilation system, such as a door fan, after the drying cycle is complete and only while the machine door is open.
(8) Co-located. Sharing a common wall, floor, or ceiling with a residence or business.
(9) Colorimetric detector tube. A glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perc and is designed to measure the concentration of perc in air.
(10) Commercial building. Any building where only commercial business is conducted, such as an office building or strip mall.
(11) Condenser. An air cleaning device that removes condensable vapors by a reduction in the temperature of the exhaust gases or, in the case of a surface condenser, by contact of the exhaust gases with structures that are cooled by a circulating cooling fluid.
(12) Converted machine. An existing vented machine that has been modified to be a closed-loop machine by eliminating the aeration step, installing a primary control system, and providing for recirculation of the perc-laden vapor with no exhaust to the atmosphere or workroom during the drying cycle. A converted machine may allow for venting to the ambient air through a local exhaust ventilation system, such as a door fan, after the drying cycle is complete and only while the machine door is open.
(13) Cool-down. The portion of the drying cycle that begins when the heating mechanism deactivates and the refrigerated condenser continues to reduce the temperature of the air recirculating through the drum to reduce the concentration of perc in the drum.
(14) Department. The New York City Department of Environmental Protection.
(15) Desorption. Regeneration or stripping of an activated carbon bed, or any other type of vapor adsorber by removal of the adsorbed solvent using hot air, steam, or other means.
(16) Dip tank. A separate tank that contains perc and is used for purposes other than dry cleaning (e.g., waterproofing).
(17) Diverter valve. A flow control device that prevents room air from passing through a refrigerated condenser when the door of a dry cleaning machine is open.
(18) Door fan. A local exhaust ventilation system designed to provide for a minimum 100 fpm inward air velocity into the effective door open area of a dry cleaning machine whenever the door is opened, and where the perc emissions are controlled by a carbon adsorber or equivalent control prior to venting to the outer air.
(19) Drum. The rotating cylinder or wheel of the dry cleaning machine that holds the articles being cleaned.
(20) Dry cleaning. The process used to remove soil, greases, paints and other unwanted substances from articles with the use of perc or non perc.
(21) Dry cleaning control system. Equipment (e.g., carbon adsorber, refrigerated condenser, azeotropic unit, etc.) or an air cleaning device used to reduce the amount of air pollutant(s) in an air stream prior to discharge to the atmosphere.
(22) Dry cleaning equipment. Any machine, device, or apparatus used to dry clean articles.
(23) Dry cleaning facility. A facility with one or more dry cleaning systems.
(24) Dry cleaning system. All of the following equipment, devices, or apparatus associated with the perc dry cleaning operations, including, but not limited to: dry cleaning equipment; filter or purification systems; waste holding, treatment, or disposal systems; perc supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey perc-contaminated air; and dry cleaning control systems.
(25) Drying cabinet. A housing in which materials that have been previously dry cleaned in perc are dried instead of being dried by tumbling in a dry cleaning machine.
(26) Drying cycle. The operation used to actively remove the perc remaining in the materials after washing and extraction. For closed-loop machines, the heated portion of the cycle is followed by cool-down and may be extended beyond cool-down by the activation of a control system. The drying cycle begins when heating coils are activated and ends when the machine ceases rotation of the drum.
(27) Drying sensor. A device that senses when articles being cleaned are relatively dry and automatically controls the drying cycle. Drying sensors include but are not limited to: infrared analyzers, float switches, and resistance probes. The device detects the concentration of synthetic solvents in the drying air or that the liquid solvent recovery rate is at a minimal rate. The drying sensor extends the drying cycle for a minimum time beyond the activation point to ensure dry articles.
(28) Dry-to-dry machine. A one-machine dry cleaning operation in which drying and washing are performed in the same machine.
(29) Dry-to-dry vented machine. Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit and in which fresh air is introduced into the drum in the last step of the drying cycle and exhausted to the outdoor atmosphere, either directly or through a control device (2nd generation equipment).
(30) Environmental Training Program. An initial course or a refresher course of the Environmental Training Program, described in 15 RCNY § 12-14 and § 232.14 of Title 6 of the Codes, Rules, and Regulations of the State of New York for owners and operators of perc dry cleaning operations that has been authorized by the New York State Department of Environmental Conservation or the Department.
(31) Equivalent closed-loop vapor recovery system. A device or combination of devices that achieves, in practice, a perc recovery performance equal to or exceeding that of refrigerated condensers.
(32) Existing facility. Any facility at which dry cleaning equipment was installed or operated prior to May 15, 1997.
(33) Facility. All emission sources located at one or more adjacent or contiguous properties owned or operated by the same person or persons under common control.
(34) Filter muck. The residue from a filter using loose diatomaceous earth, which must be replaced periodically.
(35) First generation equipment. Transfer machines where cleaning and drying (reclaiming) take place in separate machines with the manual transfer of articles from one machine to another.
(36) Fourth generation equipment. A primary closed-loop refrigerated dry cleaning machine that has a "secondary control system" (e.g., closed-loop refrigerated condenser with a drying sensor and an integral carbon adsorber).
(37) Fugitive emissions. Emissions of air contaminants which could not reasonably pass through a stack, vent, chimney, or other functionally equivalent opening.
(38) fpm. Feet per minute.
(39) Full-size carbon unit. A carbon unit that is used to adsorb perc from a dry cleaning machine when the vapors are recirculating or venting from the drum during the drying cycle. (Normally used on first and second generation equipment.)
(40) General exhaust ventilation system. A mechanical exhaust ventilation system consisting of fresh air makeup inlets and one or more exhaust fans in a dry cleaning facility. This type of system would commonly be used to exhaust a dry cleaning workroom or a room enclosure. This system shall be completely separate from the ventilation system(s) for the remainder of the building.
(41) Halogenated-hydrocarbon detector. A portable device capable of detecting vapor concentrations of perc and indicating an increasing concentration by emitting an audible signal or visual indicator that varies as the concentration changes.
(42) Liquid leak. A leak of liquid containing perc of more than one drop every three minutes.
(43) Local exhaust ventilation system. A mechanical exhaust ventilation system connected directly to a dry cleaning machine or other related dry cleaning equipment. For example, the exhaust system on a door fan for a third generation machine constitutes a local exhaust ventilation system.
(44) Major source. A dry cleaning facility that emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perc to the atmosphere. In lieu of measuring a facility's potential to emit perc or determining a facility's potential to emit perc, a dry cleaning facility is a major source if: (1) it includes only dry-to-dry machine(s) and has a total yearly perc consumption greater than 8,000 liters (2,100 gallons) as determined according to 15 RCNY § 12-12, subdivision (b); or, (2) it includes only transfer machine system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has a total yearly perc consumption greater than 6,800 liters (1,800 gallons) as determined according to 15 RCNY § 12-12, subdivision (b).
(44-a) Material safety data sheet. The material safety data sheet as defined in § 24-702 of the Administrative Code of the City of New York.
(45) Mixed-use facility. A facility that is co-located.
(46) Muck cooker. A device for heating filter muck to drive off perc vapors for reclaiming.
(47) New facility. A facility that was not used for the operation of any dry cleaning equipment prior to May 15, 1997.
(47-a) Non perc. Any chemical substance used in the dry cleaning process other than perc.
(48) Occupancy. Any building or part of a building, excluding the dry cleaning facility.
(49) Openings. Any window, door or air intake.
(50) Perceptible leak. Any perc vapor or liquid leaks that are obvious from the odor of perc, pools or droplets of perc or the detection of gas flow by passing a finger over the surface of the equipment, or as detected by an appropriate portable monitoring instrument.
(51) Perc. A colorless volatile chlorinated hydrocarbon. Perc is also known as perchloroethylene, tetrachloroethylene, tetrachloroethene, and PCE. The chemical formula for perc is C1
2
C:CC1
2
. The CAS registry number for perc is 00127-18-4.
(52) Perc-contaminated wastewater evaporator. A device that vaporizes wastewater through physical action or the addition of thermal energy.
(53) ppb. Parts per billion by volume in air or by weight in water.
(54) ppm. Parts per million by volume in air or by weight in water.
(54-a) Primary chemical. The chemical that is used in the greatest concentration in the dry cleaning process.
(55) Primary control system. A refrigerated condenser or equivalent closed-loop vapor recovery system approved by the Department.
(56) Process ventilation emission. An emission from any dry cleaning machine normally vented to the outer air that occurs both during the aeration cycle and when the machine door is open, excluding any emissions from door fans on azeotropic control devices and third generation equipment.
(57) Refrigerated condenser. A closed-loop vapor recovery system into which perc vapors are condensed by cooling below the dew point of the perc using a mechanical refrigerated system.
(58) Residential building. Any dwelling or housing that is owned, rented, or occupied by the same person for a period of 180 days or more in a year, excluding short-term housing such as a motel or hotel room rented and occupied by the same person for a period of less than 180 days.
(59) Room enclosure. A room that encloses the dry cleaning machine or equipment. It is constructed of material that is impermeable to perc and designed and operated to maintain negative pressure at all times that the equipment is operating and is used with a general exhaust ventilation system.
(60) Second generation equipment. A dry-to-dry vented-dry cleaning machine which is not vented to a refrigerated condenser. Typically these machines are properly vented to a control device which may, for example, consist of a carbon adsorber or azeotropic control device plus a small carbon adsorber.
(61) Secondary control system. A device or apparatus that reduces the concentration of perc in the recirculating air at the end of the drying cycle beyond the level achievable with a refrigerated condenser alone. For example, an integral carbon adsorber used in fourth generation equipment constitutes a secondary control system.
(i) An "integral" secondary control system is designed and offered as an integral part of a production package with a single make and model of dry cleaning machine and primary control system.
(ii) An "add-on" secondary control system is designed or offered as a separate retrofit system for use on multiple machine makes and models.
(62) Self-service dry cleaning machine. A perc dry cleaning machine that is loaded, activated, or unloaded by the customer.
(63) Small carbon adsorbers. A carbon unit that is used to adsorb perc from the machine drum when the machine door is opened to remove clothes at the end of the drying cycle. For example, the adsorbers used to control emissions from supplemental door fans or azeotropic control devices would constitute small carbon adsorbers.
(64) Solvent mileage. The average weight of articles cleaned per volume of perc used.
(65) Solvent tank. Any container that is used to store perc prior to use in the dry cleaning operation and from which the perc is introduced into the drum of the machine at the start of the cleaning cycle.
(66) Stand-alone facility. A facility that is not co-located.
(67) Still. Distillation equipment used to volatilize and recover perc from contaminated solvent removed from the cleaned materials.
(68) Third generation equipment. A closed-loop dry cleaning machine equipped with a refrigerated condenser or other equivalent primary control system.
(69) Trained operator. A person who holds a certificate of completion for the initial course of an environmental training program and maintains her/his status by successfully completing refresher courses as required.
(70) Transfer machine. Perc dry cleaning equipment in which washing and extraction are performed in one unit and drying is performed in a separate unit. (First generation equipment.)
(71) Vapor adsorber. A bed of activated carbon or other adsorbent into which vapors are introduced and trapped for subsequent desorption.
(72) Vapor barrier. A material surface or coating that is impermeable to perc.
(73) Vapor leak. A fugitive emission of perc vapor from unintended openings in the dry cleaning system. A vapor leak can be indicated by a rapid audible signal or visual signal from a halogenated-hydrocarbon detector or other approved instrument.
(74) Water separator. A vessel that uses gravity to physically separate liquid perc from liquid water.
(a) Unless otherwise precluded by federal or state statute or regulation, or subdivision (d) of this section, the Department may, upon written application from any person who is subject to this Rule, grant a variance from one or more specific provisions of this Rule consistent with § 24-110 of the Administrative Code of the City of New York and under the conditions set forth in this subchapter.
(b) Every application for a variance must:
(1) identify the specific provisions of this Rule from which a variance is sought;
(2) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation in contrast to the rest of the industry or any segment thereof, impose unreasonable hardship;
(3) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, or welfare, the environment or natural resources and will be consistent with the provisions of the New York City Air Pollution Control Code and the performance expected from an activity permitted under the provisions of this Rule; and
(4) include a copy of any variance granted by the New York State Department of Environmental Conservation. If no variance has been granted by the New York State Department of Environmental Conservation then the application to the Department shall state that no variance has been granted by the New York State Department of Environmental Conservation.
(c) In granting any variance under this subchapter, the Department may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health, safety, or welfare, the environment, or natural resources.
(d) Phase-out dates for dry cleaning equipment cannot be extended by a variance.
(a) Perc dry cleaning machines may not be installed in residential buildings after July 13, 2006.
(b) Perc dry cleaning machines that were installed in residential buildings between December 21, 2005 and July 13, 2006 must eliminate perc use by July 13, 2009. In the interim, all perc dry cleaning facilities must continue to comply with the requirements of 6 NYCRR Part 232.
(c) Perc dry cleaning machines that were installed in residential buildings before December 21, 2005, must eliminate perc use by December 21, 2020.
(d) The use of any dry-to-dry vented or non-vented equipment as a transfer machine is prohibited.
(e) The installation of any self-service dry cleaning machine(s) after May 15, 1997 is prohibited.
(f) The use or offering for use of any self-service dry cleaning machine(s) after May 15, 1997 is prohibited.
(g) The use of immersion heaters to evaporate solvent from the untreated water effluent of solvent water separators is prohibited.
(h) Except as provided in 15 RCNY § 12-05, the installation, construction, alteration, modification, or operation of a perc dry cleaning facility without first obtaining an installation or alteration permit or an operating certificate issued by the Department in accordance with the requirements of 15 RCNY § 12-15 is prohibited.
(i) Venting of perc emissions from dry cleaning equipment or emission control devices into the workroom or facility is prohibited.
Existing facilities with a valid operating certificate(s) issued by the Department must comply with the following requirements in accordance with the timeframes established in this section in advance of applying for and obtaining an operating certificate amendment(s) required under 15 RCNY § 12-15. Prior approvals from the Department are not needed for construction of room enclosures, vapor barriers, general exhaust ventilation systems, or changes in vent stack locations. New facilities must comply with all the applicable requirements contained in this section at the time of installation.
(a) Room enclosures, vapor barriers, and general exhaust ventilation.
(1) Stand-alone dry cleaning facilities that are designated as major sources, pursuant to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities under Title 40, Part 63 of the Code of Federal Regulations, Subpart M and that have transfer type machines should have contained all such machines inside room enclosures by September 23, 1996. Each room enclosure must be:
(i) Constructed of materials impermeable to perc; and,
(ii) Designed and operated to maintain a negative pressure at each opening at all times that the machine is operating.
(2) Co-located dry cleaning facilities must be equipped with a vapor barrier or room enclosure(s) and general exhaust ventilation that meets the design and performance requirements established in 15 RCNY § 12-06, subdivision (a), by the following dates:
(i) transfer machines – immediately upon the effective date of this Rule.
(ii) dry-to-dry vented machines – by no later than August 15, 1998.
(iii) 3rd generation dry-to-dry machines – by no later than November 15, 1998.
(iv) 4th generation dry-to-dry machines – by no later than May 15, 1999.
(3) The facility owner shall notify the Department by mail no later than 30 days after the installation of the required vapor barrier and general exhaust ventilation system and certify that it meets all regulatory requirements. Such notification shall be sent by certified mail to the Department.
(b) Relocation of emission points. The relocation of process ventilation emission point(s) to the outdoor atmosphere must comply with the retrofitting requirements and be completed by the deadlines established under 15 RCNY § 12-06(b)(3) and (b)(6).
(c) Public information notice. The facility owner must post a copy of the notice required under 15 RCNY § 12-18 immediately.
(d) Leak inspection. The facility owner must initiate the leak inspection requirements established in 15 RCNY § 12-07 immediately upon the effective date of this Rule.
(e) Operation and maintenance. The facility owner must initiate all operation and maintenance requirements which apply to dry cleaning machines and existing emission control systems established in 15 RCNY § 12-08 immediately upon the effective date of this Rule. However, all requirements established under 15 RCNY § 12-08 that are already in effect pursuant to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities in Title 40, Part 63, Subpart M of the Code of Federal Regulations continue to be in effect.
(f) Compliance inspections. The compliance inspection requirements under 15 RCNY § 12-16 are effective immediately upon the effective date of this Rule. Facility owners must initiate the first compliance inspection at their facility immediately upon the effective date of this Rule.
(g) Recordkeeping. The facility owner must initiate all applicable recordkeeping required under 15 RCNY § 12-12 immediately upon the effective date of this Rule. Such recordkeeping must cover all requirements established under 15 RCNY § 12-12 for dry cleaning systems and facilities in general and must also comply with requirements for specific dry cleaning machine types and emission control systems. However, all requirements established under 15 RCNY § 12-12 that are already in effect pursuant to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities in Title 40, Part 63, Subpart M of the Code of Federal Regulations, continue to be in effect.
(h) Perc-contaminated wastewater management. Facilities must comply with the perc-contaminated wastewater management requirements under 15 RCNY § 12-09 and under 15 RCNY Chapter 19 governing the use of the public sewer system by no later than May 15, 1998.
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