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§ 12-03 Variances.
   (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.
§ 12-04 Prohibitions.
   (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.
§ 12-05 Pre-Permitting Requirements for Existing Facilities.
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.
   (i)   Hazardous waste management and emergency response. The hazardous waste management requirements under 15 RCNY § 12-10 and the emergency response requirements under 15 RCNY § 12-11 are effective immediately upon the effective date of this Rule.
§ 12-06 Equipment Standards and Specifications.
   (a)   Specific equipment standards and emission control specifications:
      (1)   Vapor barriers. Vapor barriers must, at a minimum, enclose the dry cleaning equipment. Vapor barriers can be constructed of polyvinyl chloride, PVC sheet 22 mil thick (0.022 in.), sheet metal, metal foil face composite board, or other equivalent materials that are impermeable to perc vapors. Vapor barriers must be constructed so that all joints and seams are sealed except for inlet makeup air and exhaust openings and entry doors. Entry doors may only be open when a person is entering or exiting the room enclosure.
      (2)   General exhaust ventilation system. Dry cleaning facilities which are co-located must be equipped with a vapor barrier and with a general exhaust ventilation system that is completely separate from the ventilation system(s) serving other areas of the building. The general exhaust ventilation system must be located near the dry cleaning machinery or connected to a separate room enclosure with a vapor barrier exhausting emissions to the outer air. The system shall be designed and operated to maintain a negative pressure in the room enclosure whenever the dry cleaning machine(s) is operating. This dry cleaning general exhaust ventilation system must be operated at all times when the dry cleaning machine(s) is in operation, and during maintenance operations and must be capable of at least one air change per five minutes.
      (3)   Door fan/local exhaust ventilation systems.
         (i)   All first, second and third generation dry cleaning equipment must be equipped with a door fan/local exhaust ventilation system. This system must include a mechanical exhaust fan that is activated when the loading door is open, drawing air from the machine drum causing fresh air to be drawn in through the loading door. A minimum inward air velocity of 100 fpm, must be maintained through the effective door opening area of the loading door of the machine.
         (ii)   Door fan/local exhaust ventilation systems must not recirculate vapors into the workroom and must be properly vented to the outer air.
         (iii)   Door fan/local exhaust ventilation emissions must be controlled to a design emission standard of five ppm perc with an in-use maximum compliance standard of 20 ppm.
      (4)   Process Ventilation Emissions – Interim Standards.
         (i)   Process ventilation emission points on first and second generation machines that exhaust during the aeration cycle and when the machine door is open must be vented to the outer air above the roof and more than 25 feet from all openings in nearby occupancies.
         (ii)   Process ventilation emissions from existing first and second generation vented machines having emission controls as part of the original equipment or retrofitted to comply with the 100 ppm perc emission standard effective May 10, 1981 under the repealed version of Title 6, Part 232 of Codes, Rules, and Regulations of the State of New York must continue to meet this standard until such time as retrofitting, replacement, or shutdown is required under this section.
         (iii)   Process ventilation emissions from existing second generation machines that are retrofitted with control equipment to comply with interim standards established under (b)(3) or (b)(6) in this section must be designed to achieve a perc concentration of five ppm or less in the exhaust and achieve an in-use compliance standard of less than 20 ppm perc in the exhaust.
         (iv)   The exhaust damper of a vented first or second generation machine must be completely closed when the machine is not being vented, and must not leak vapors into the workroom or the outer air.
      (5)   Primary emission control systems. Refrigerated condensers or equivalent closed-loop vapor recovery systems must meet the following requirements:
         (i)   Refrigerated condensers must be capable of achieving an outlet vapor temperature downstream of any by-pass of the condenser less than or equal to 45°F (7.2°C) during the final cool down cycle, and achieve a concentration of 8600 ppm or less perc in the drum upon completion of the drying cycle.
         (ii)   Refrigerated condensers must have a graduated thermometer, thermocouple or equivalent instrument with a minimum range from 0°F (-18°C) to 150°F (66°C), that measures the temperature of the outlet vapor stream downstream of any by-pass of the condenser, and is easily visible to the operator.
         (iii)   New third and fourth generation equipment with refrigerated condenser control systems must be equipped with a drying sensor/controller that extends the drying time at least four minutes beyond the point that the solvent recovery rate is less than 40 ml/min or solvent vapor concentration in the drum is less than 8600 ppm perc.
         (iv)   The refrigerated condenser must be operated with a diverter valve.
         (v)   Equivalent closed-loop vapor recovery systems or other control device must use a technology that has been demonstrated, pursuant to the requirements of 15 RCNY § 12-17, to achieve at least 90 percent by weight emission reduction based upon the amount of perc entering and leaving the control device.
      (6)   A secondary control system must:
         (i)   be designed to function with a primary control system complying with all requirements for third generation equipment.
         (ii)   be capable of reducing the perc concentration in the drum from 8600 ppm or greater to 300 ppm.
         (iii)   Any integral carbon adsorber used as a secondary control system must be sized correctly for the machine and be capable of reducing the perc concentration in the drum from 8,600 ppm or greater to 300 ppm or less.
         (iv)   The integral carbon adsorber must be designed for non-contact steam or hot air stripping operation, and must be stripped or desorbed in accordance with manufacturer's instructions or at least weekly, whichever is more stringent.
      (7)   Spill containment. All new third and fourth generation, or used, reinstalled dry cleaning equipment must be equipped with a spill containment system capable of containing 125 percent of the capacity of the largest dry cleaning perc tank or vessel associated with the dry cleaning machine.
   (b)   To determine which standards will apply to a particular dry cleaning facility, first determine whether the facility is new or existing. Then determine whether the facility is a stand-alone or is co-located. If co-located, determine whether it is in a commercial or residential building. Finally, for each piece of equipment there are two primary issues addressed by this Rule – the type of emissions control and the location of any process ventilation emission points. Process ventilation emissions apply only to transfer and dry-to-dry vented equipment, not to door fans, general or other ventilation. In all, there are six different categories for which equipment standards are provided as follows:
      1)   New stand-alone facilities – Equipment requirements
      2)   Existing stand-alone facilities – Replacement or addition of equipment
      3)   Existing stand-alone facilities – Retrofitting of equipment
      4)   New mixed-use facilities – New equipment
      5)   Existing mixed-use facilities – Replacement or addition of equipment
      6)   Existing mixed-use facilities – Retrofitting of equipment
      (1)   New stand-alone facilities – equipment requirements. The following types of new and/or used equipment are allowed in new stand-alone facilities.
         (i)   New equipment – Fourth generation.
            (A)   Vapor barrier – Not Required.
            (B)   Spill containment – Required as specified in paragraph (a)(7) of this section.
            (C)   General exhaust ventilation system – Optional.
            (D)   Primary and secondary control systems, and drying sensor – Required as specified in paragraphs (a)(5) and (6) of this section.
            (E)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
         (ii)   New equipment – Third generation. The installation of this type of equipment is prohibited after December 31, 1999.
            (A)   Vapor barrier – Not Required.
            (B)   Spill containment – Required as specified in paragraph (a)(7) of this section.
            (C)   General exhaust ventilation system – Optional.
            (D)   Primary control system, drying sensor, and door fan – Required as specified in paragraph (a)(3) and (5) of this section.
            (E)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
            (F)   An additional option would be to convert to a fourth generation machine with less than or equal to 300 ppm in drum. Under this option a door fan would not be required.
         (iii)   Used equipment – Third generation.
            (A)   Vapor barrier – Not Required.
            (B)   Spill containment – Required as specified in paragraph (a)(7) of this section.
            (C)   General exhaust ventilation system – Optional.
            (D)   Primary control system and door fan – Required as specified in paragraphs (a)(3) and (5) of this section.
            (E)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm perc at any time.
            (F)   An additional option would be to convert to a fourth generation machine with less than or equal to 300 ppm perc in the drum. Under this option a door fan would not be required.
      (2)   Existing stand-alone facilities – replacement or addition of equipment. The equipment standards for new stand-alone facilities must be followed. However, transfer machines may be replaced with upgraded dry-to-dry vented equipment in accordance with the retrofitting requirements.
      (3)   Existing stand-alone facilities – retrofitting of equipment.
         (i)   Transfer machines – no retrofitting is allowed. All transfer machines must be removed from service on the following schedule.
            (A)   If the process ventilation emission point is located above the roof and more than 25 feet from all openings in nearby occupancies, and if previously retrofitted to meet the less than 100 ppm perc vented emission level (see subparagraph (a)(4)(ii) of this section) and is operating in compliance with that emission level, the equipment must be replaced with third or fourth generation equipment by January 1, 2000.
            (B)   If the process ventilation emission point is located below the roof or less than 25 feet from any opening in a nearby occupancy, or if process ventilation emissions do not meet the 100 ppm perc emission level, the equipment must be replaced with third or fourth generation equipment immediately upon the effective date of this Rule.
            (C)   Vapor barrier – not required.
            (D)   General exhaust ventilation system – Optional.
         (ii)   Dry-to-dry vented – Second generation.
            (A)   Vapor barrier – Not required.
            (B)   General exhaust ventilation system – Optional.
            (C)   Process ventilation emission point location –
               (a)   If the process ventilation emission point is above the roof and more than 25 feet from all openings in nearby occupancies, the relocation of the process ventilation emission point is not required.
               (b)   If the process ventilation emission point is below the roof or less than 25 feet from any opening in a nearby occupancy, the process ventilation emission point must be changed to be over the roof and more than 25 feet from all openings in nearby occupancies immediately upon the effective date of this Rule. Alternatively, the equipment may be replaced with third or fourth generation equipment within the same time limit.
            (D)   Emission controls. 
               (a)   Controlled.
                  (1)   If the machine has been controlled with either an azeotropic control device plus small carbon adsorber or converted to a closed-loop third generation machine having an integral or external primary refrigerated condenser (the water cooled condensing system having been eliminated) and has a door fan, meeting the requirements of paragraph (a)(3) of this section, no additional control is required.
                  (2)   If the machine is equipped with either a full sized carbon adsorber or a refrigerated condenser with a water cooled condensing system, it must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to a closed-loop third generation machine by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan with a small carbon adsorber by December 31, 1999. Alternatively, the equipment may be replaced with a third generation machine with a door fan by December 31, 1999, or with a fourth generation by January 1, 2001.
               (b)   Uncontrolled. Equipment must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to closed-loop third generation by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan with a small carbon adsorber immediately upon the effective date of this Rule. Alternatively, equipment may be replaced with third or fourth generation equipment within the same time limit.
            (E)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
         (iii)   Dry-to-dry non-vented. Third generation.
            (A)   Vapor barrier – Not Required.
            (B)   General exhaust ventilation system – Optional.
            (C)   Equipment must be retrofitted with a door fan meeting the requirement of paragraph (a)(3) of this section by no later than May 15, 2001; or,
            (D)   An additional option would be to convert this type of equipment to a fourth generation machine that achieves a perc concentration of less than or equal to 300 ppm in the drum by no later than May 15, 2001. Under this option a door fan would not be required.
            (E)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
         (iv)   Dry-to-dry non-vented. Fourth generation.
            (A)   Vapor barrier – Not Required.
            (B)   General exhaust ventilation system – Optional.
            (C)   Primary and secondary control system and drying sensors must meet requirements specified in paragraphs (a)(5) and (6) of this section. However, for non-major facilities that purchased machines prior to May 15, 1997 the following provision applies: If the owner/manager or operator can demonstrate that the machine is operating in the best possible working condition, no action is required if the measured perc concentration in the drum is less than 500 ppm. If the level exceeds 500 ppm, a door fan that meets the requirements of paragraph (a)(3) of this section must be installed by January 1, 2000.
            (D)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
      (4)   New mixed-use facilities – new equipment. Only new dry-to-dry fourth generation equipment is allowed in new mixed-use facilities. No used or retrofitted equipment is allowed.
         (i)   Vapor barrier and general exhaust ventilation system. Required as specified in paragraphs (a)(1) and (2) of this section.
         (ii)   Spill containment. Required as specified in paragraph (a)(7) of this section.
         (iii)   Primary and secondary control systems and drying sensor. Required as specified in paragraphs (a)(5) and (6) of this section. Note: Any machine not meeting the 300 ppm requirement, and, where the owner/manager or operator can demonstrate that the machine is operating in the best possible working condition must have a door fan installed that meets the requirements of paragraph (a)(3) of this section within six months of an inspection indicating high ppm levels.
         (iv)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
      (5)   Existing mixed-use facilities – replacement or addition of equipment. The equipment standards for new mixed-use facilities must be followed.
      (6)   Existing mixed-use facilities – retrofitting of equipment.
         (i)   Transfer machines. No emission control retrofitting is allowed. All transfer machines must be removed from service on the following schedule.
            (A)   If the process ventilation emission point is located above the roof and more than 25 feet from all openings in nearby occupancies, and if the equipment has been previously retrofitted to comply with the less than 100 ppm perc vented emission level (see subparagraph (a)(4)(ii) of this section) and is operating in compliance with that emission level, the equipment must be removed from service by September 22, 1998.
            (B)   If the process ventilation emission point is located at or below the roof or is 25 feet or less from all openings in nearby occupancies, or if the equipment has not previously been retrofitted or is not in compliance with the less than 100 ppm perc emission level (see subparagraph (a)(4)(ii) of this section), the equipment must be removed from service immediately upon the effective date of this Rule.
            (C)   A vapor barrier and general exhaust ventilation system are required immediately upon the effective date of this Rule as specified in paragraphs (a)(1) and (2) of this section.
         (ii)   Dry-to-dry vented. Second generation.
            (A)   Vapor barrier and general exhaust ventilation system. Required immediately upon the effective date of this Rule as specified in paragraphs (a)(1) and (2) of this section.
            (B)   Process vent emission location.
               (a)   If the process ventilation emission point is above the roof and more than 25 feet from all openings in nearby occupancies, the relocation of the process ventilation emission point is not required.
               (b)   If the process ventilation emission point is at or below the roof or 25 feet or less from any opening in a nearby occupancy, the process ventilation emission point must be changed to be over the roof and more than 25 feet from all openings in nearby occupancies immediately upon the effective date of this Rule. Alternatively, equipment may be replaced with fourth generation equipment within the same time limit.
            (C)   Emission Controls.
               (a)   Mixed-use – commercial – uncontrolled. Equipment must be retrofitted with either an azeotropic control device plus a small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to a closed-loop third generation machine by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan as specified in paragraph (a)(3) of this section immediately upon the effective date of this Rule. Alternatively, equipment may be replaced with fourth generation equipment within the same time limit. The retrofit of this equipment is only an interim measure, and all retrofitted equipment of this type must be removed from service by January 1, 2005.
               (b)   Mixed-use – commercial – controlled.
                  (1)   If the machine has been controlled with either an azeotropic control device plus small carbon adsorber or converted to a third generation machine having an integral or external primary refrigerated condenser (the water cooled condensing system having been eliminated) and has a door fan as specified in paragraph (a)(3) of this section, no interim retrofitting action is required. This equipment must be removed from service and replaced with fourth generation equipment by January 1, 2005.
                  (2)   If the machine is equipped with either a full-sized carbon adsorber or a refrigerated condenser with a water cooled condensing system, it must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to a third generation machine by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan as specified in paragraph (a)(3) of this section by January 1, 2001. Alternatively, equipment may be replaced with fourth generation equipment by January 1, 2001. The retrofit of this equipment is an interim measure only and all retrofitted equipment must be replaced with fourth generation equipment by January 1, 2005.
               (c)   Mixed-use – residential – uncontrolled. Equipment must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to third generation equipment by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan as specified in paragraph (b)(3) of this section immediately upon the effective date of this Rule. Alternatively, the equipment must be replaced with fourth generation equipment within the same time limit. The retrofit of this equipment is only an interim measure and all retrofitted equipment of this type must be removed from service by January 1, 2000.
               (d)   Mixed-use – residential – controlled.
                  (1)   If the machine has been controlled with either an azeotropic control device plus a small carbon adsorber or has been converted to a third generation machine having an integral or external primary refrigerated condenser (the water cooled system having been eliminated) and has a door fan as specified in paragraph (b)(3) of this section, no additional retrofitting is required. However, all equipment of this type must be replaced with fourth generation equipment by January 1, 2000.
                  (2)   If the machine is equipped with a full-sized carbon adsorber with a water cooled condensing system, it must be operated in compliance with the 100 ppm standards of the previous version of Part 232 of Title 6 of the Codes, Rules, and Regulations of the State of New York and must be replaced with fourth generation equipment by January 1, 2000.
            (D)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
         (iii)   Dry-to-dry non-vented. Third generation.
            (A)   Vapor barrier and general exhaust ventilation system. Required by no later than November 15, 1998 as specified in paragraphs (a)(1) and (2) of this section.
            (B)   Equipment must be retrofitted with a door fan meeting the requirements of paragraph (a)(3) of this section by no later than May 15, 2001; or,
            (C)   An additional option is to convert this piece of equipment to a fourth generation machine that achieves a perc concentration of less than or equal to 300 ppm in the machine drum by no later than May 15, 2001. Under this option a door fan would not be required.
            (D)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
         (iv)   Dry-to-dry non-vented. Fourth generation.
            (A)   Vapor barrier and general exhaust ventilation system. Required by no later than May 15, 1999 as specified in paragraphs (a)(1) and (2) of this section.
            (B)   Primary and secondary controls and drying sensor. Required as specified in paragraphs (a)(5) and (6) of this section. However, for non-major facilities that purchased machines prior to May 15, 1997 the following provision applies: If the owner/manager or operator can demonstrate that the machine is operating in the best possible working condition, no action is required if the measured perc concentration in the drum is less than 500 ppm. If the level exceeds 500 ppm, a door fan as specified in paragraph (a)(3) of this section is required.
            (C)   Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
§ 12-07 Leak Inspections and Self Monitoring Requirements.
   (a)   Leak check requirements. The trained operator, must inspect the dry cleaning system for perceptible liquid and vapor leaks and other fugitive emissions. The trained operator, or a designee, must record the status of each component on a checklist supplied by the New York State Department of Environmental Conservation. Completed checklists must be kept for at least five years from the date of the inspection.
      (1)   The dry cleaning system must be thoroughly inspected, at least weekly, for vapor leaks using one of the following devices or methods for detecting vapor leaks:
         (i)   a halogenated-hydrocarbon detector;
         (ii)   a portable gas analyzer;
         (iii)   an air sampling pump and colorimetric tube; or
         (iv)   an alternative method approved by the New York State Department of Environmental Conservation.
      (2)   all equipment referenced in paragraph (a)(1) of this section must be properly calibrated.
   (b)   The following components of the dry cleaning system must be inspected weekly for perceptible liquid and vapor leaks and for proper operation as required by 15 RCNY § 12-08 (operation and maintenance requirements) while the dry cleaning system is operating:
      (1)   hose and pipe connections, fittings, couplings and valves;
      (2)   door gaskets and seatings;
      (3)   filter gaskets and seatings;
      (4)   pumps;
      (5)   solvent (including spent solvent) tanks and containers;
      (6)   water separators;
      (7)   muck cookers;
      (8)   stills;
      (9)   exhaust dampers;
      (10)   diverter valves; and
      (11)   cartridge filter housings.
   (c)   Carbon adsorber vents must be tested weekly using colorimetric detector tubes or portable halogen detectors and the test results must be noted on the checklist.
   (d)   The temperature of the vapor stream on the inlet and outlet side of a refrigerated condenser must be measured weekly and recorded on the checklist.
   (e)   Preparedness and prevention equipment and conditions as required in paragraph (d)(7) of 15 RCNY § 12-08 must be inspected weekly to ensure proper operation and maintenance. A notation must be made on the checklist at the time of inspection.
   (f)   The inward air velocity for a loading door fan must be checked weekly with a portable velometer or equivalent measurement instrument. A notation of the instrument reading must be made on the checklist.
   (g)   Any liquid leak, vapor leak, or malfunction that has been detected by the operator must be noted on the checklist and, if at all possible, repaired immediately. If the leak cannot be repaired at the time of detection, the leaking component must be physically marked or tagged in a manner that is readily observable by an inspector and must be repaired within 24 hours of detection, unless repair parts are unavailable.
      (1)   If repair parts are not available at the facility, the parts must be ordered within two working days of detecting such a leak. Such repair parts must be installed within five working days after receipt. Equipment with a leak that has been repaired by the end of the 15th working day after detection must not be operated until the leak is repaired, unless the facility owner or operator receives a leak-repair extension from the Department.
      (2)   The Department may grant a leak-repair extension to a facility owner for a single period of thirty days or less. Any person applying to the Department for a leak-repair extension shall include a copy of a leak-repair extension granted by the New York State Department of Environmental Conservation. If no leak-repair extension has been granted by the New York State Department of Environmental Conservation, then the application to the Department shall state that no leak-repair extension has been granted by the New York State Department of Environmental Conservation. A leak-repair extension may be granted only if the Department makes the following findings:
         (i)   the delay in repairing the leak could not have been avoided by action on the part of the facility owner or operator;
         (ii)   the facility owner and operator used reasonable preventive measures and acted promptly to initiate the repair;
         (iii)   the leak will not significantly increase perc exposure near the facility; and
         (iv)   the facility is in compliance with all other requirements of this section and has a history of compliance.
      (3)   Once a repair is completed, the completion date must be recorded on the checklist.
      (4)   Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
      (5)   All uncontainable releases, fires or explosions must be reported to the Department and appropriate emergency response agencies immediately.
   (h)   A fugitive emission concentration of 50 ppm of perc emanating from any part of the dry cleaning system is a violation; except for short-term maintenance operations involving the opening of dry cleaning system components for inspection or repair.
   (i)   Any exceedance of the leak inspection requirements of this Rule that has been detected by the operator must be noted on the checklist and repaired/adjusted immediately.
§ 12-08 Operation and Maintenance Requirements.
   (a)   Dry cleaning facilities must be maintained and operated to minimize the release of perc to the environment.
   (b)   The operator must operate and maintain all components of the dry cleaning system in accordance with the requirements of this Rule and the conditions specified in a facility's operating permit. For operations not specifically addressed, the components must be operated and maintained in accordance with the manufacturer's recommendations. The facility operator must retain, on-site, a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.
   (c)   Each operation and maintenance function and the date performed must be recorded on a checklist supplied by the New York State Department of Environmental Conservation. Completed checklists must be maintained on-site for at least five years from the date of the checklist.
   (d)   Operators must comply with the following operation and maintenance requirements, as applicable:
      (1)   Fourth generation machines.
         (i)   Refrigerated condensers must be operated in accordance with manufacturer's specifications.
         (ii)   Integral refrigerated condensers must be operated to ensure that exhaust gases are recirculated until the air-vapor stream temperature is 45°F or less at the outlet. The difference between the temperature of the air-perc gas vapor stream entering and exiting the refrigerated condenser must be greater than or equal to 20°F (11.1°C). The temperature differential must be determined at least weekly with a thermometer with a temperature range of from 32°F (0°C) to 120°F (48.9°C) to an accuracy of ±2°F (1.1°C) (see 15 RCNY § 12-07).
         (iii)   Vapor adsorbers used with a primary control system or secondary control system must be operated to ensure that exhaust gases are recirculated at the temperature specified for optimum adsorption.
         (iv)   Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods:
            (A)   Drained in the filter housing, before disposal, for no less than 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. In performing such a transfer the filter housing must be closed as soon as possible to minimize vapor leaks. The general exhaust ventilation system must be operated during this activity.
            (B)   Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.
         (v)   All steam and condensing coils must be maintained to be free of lint and hard lint build-up on interior surfaces.
         (vi)   For dry cleaning equipment equipped with a door fan the operator must use a portable velometer or equivalent measurement instrument to verify that the required 100 fpm inward air velocity is maintained through the effective door opening when the loading door is open. The inward air velocity must be checked on a weekly basis.
         (vii)   Test carbon absorber exhaust vents daily using colorimetric detector tubes or portable gas detectors. These absorbers shall be stripped periodically and maintained so that the perc concentration in the exhaust air does not exceed 20 ppm.
      (2)   Third Generation Machines.
         (i)   Refrigerated condensers must be operated in accordance with manufacturer's specifications.
         (ii)   Integral and external refrigerated condensers must be operated to ensure that exhaust gases are recirculated until the air-vapor stream temperature is 45°F or less at the outlet. The difference between the temperature of the air-perc gas vapor stream entering and exiting the refrigerated condenser must be greater than or equal to 20°F (11.1°C). The temperature differential must be determined at least weekly with a thermometer with a temperature range of from 32°F (0°C) to 120°F (48.9°C) to an accuracy of ±2°F (1.1°C) (see 15 RCNY § 12-07).
         (iii)   Vapor adsorbers used when the machine has been retrofitted as a fourth generation machine must be operated to ensure that exhaust gases are recirculated at the temperature specified by the manufacturer for optimum adsorption.
         (iv)   Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods:
            (A)   Drained in the filter housing, before disposal, for no less than: 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. In performing such a transfer the filter housing must be closed as soon as possible to minimize vapor leaks. The general exhaust ventilation system must be operated during this activity.
            (B)   Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.
         (v)   All steam and condensing coils must be maintained to be free of lint and hard lint build-up on interior surfaces.
         (vi)   For dry cleaning equipment equipped with a door fan, the operator must use a portable velometer or equivalent measurement instrument to verify that the required 100 fpm inward air velocity is maintained through the effective door opening when the loading door is open. The inward air velocity must be checked on a weekly basis.
         (vii)   Test carbon absorber exhaust vents daily using colorimetric detector tubes or portable gas detectors. These absorbers shall be stripped periodically and maintained so that the perc concentration in the exhaust air does not exceed 20 ppm.
      (3)   Second Generation Machines.
         (i)   A vented machine operated with full-sized carbon adsorbers (dry-to-dry vented) that function during the drying cycle must meet the following requirements:
            (A)   Desorption must be performed at the frequency specified by the manufacturer or as specified by this clause, whichever is more stringent. The minimum frequency for desorption of full-size carbon units is as follows, each time all dry cleaning equipment exhausted to the device has cleaned a total of three pounds of articles for each pound of activated carbon. Desorption must be performed with the minimum steam pressure and air flow capacity specified by the manufacturer.
            (B)   Once desorption is complete, the carbon bed must be fully dried according to the manufacturer's instructions.
            (C)   No perc vapors may bypass the carbon adsorber to the outdoor atmosphere at any time, nor be recirculated into the facility.
            (D)   The filter located in front of the carbon adsorber must be checked and cleaned weekly.
            (E)   For dry cleaning equipment in mixed-use settings, the carbon adsorber vent must be tested weekly using colorimetric detector tubes. Test results must be recorded on the checklist. Test results of five ppm or greater of perc will require an immediate stripping of the carbon adsorber.
         (ii)   Small external carbon adsorbers used for azeotropic control systems, must be stripped at least weekly when in use. If not in continuous daily use, adsorbers must be stripped after they have been used for ten days.
            (A)   Small external carbon adsorbers must be vented to outside the building and must not recirculate vapor into the facility.
            (B)   Small external carbon adsorbers used in mixed-use settings must be tested weekly using colorimetric detector tubes or equivalent measuring devices. Test results must be recorded on the inspection checklist. A test result of five ppm or greater of perc will require an immediate stripping of the carbon adsorber.
         (iii)   The exhaust damper of a vented machine must be completely closed when the machine is not being vented and must be repaired or replaced within five working days if malfunctioning.
         (iv)   Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods:
            (A)   Drained in the filter housing, before disposal, for no less than 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. In performing such a transfer the filter housing must be closed as soon as possible to minimize vapor leaks. The general exhaust ventilation system must be operated during this activity.
            (B)   Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.
         (v)   All water-cooled condensers must include temperature gauges installed in the inlet and outlet water lines of the condensing coil on the dryer. The temperature difference must be maintained according to manufacturer's specifications.
         (vi)   Azeotropic control devices must be maintained and operated in accordance with manufacturer's instructions and specifications.
         (vii)   Test carbon absorber exhaust vents daily using colorimetric detector tubes or portable gas detectors. These absorbers shall be stripped periodically and maintained so that the perc concentration in the exhaust air does not exceed 20 ppm.
      (4)   First generation machines. An existing facility with a transfer machine operating a full-sized carbon adsorber or azeotropic control device, and cartridge filters must meet the applicable requirements of paragraph (d)(3) of this section.
      (5)   Ancillary Equipment.
         (i)   All filter muck must be treated in a still or muck cooker, which routes perc-contaminated vapors to a condenser or other control device and recycles condenser vapors into the machine. Still or muck cooker emissions must not be vented into the facility. Any still or muck cooker must not be operated in a manner that exceeds 75 percent of its capacity or other alternate value recommended by the manufacturer. Any still or muck cooker must be cooled to 100°F (38°C) or less before being emptied or cleaned.
         (ii)   Button and lint traps must be cleaned each working day and the lint must be placed in a tightly sealed container. Whenever possible such operations must be performed so that the opening of such traps is done quickly with the local or general exhaust ventilation system operating to minimize perc emissions.
         (iii)   Perc-contaminated wastewater treatment units.
            (A)   Carbon filtration units – carbon cartridges must be replaced according to a schedule as specified by the manufacturer to assure an effluent quality that does not exceed 20 ppb perc.
            (B)   Evaporators – perc contaminated wastewater evaporators must be operated to ensure that no liquid perc or visible emulsion is allowed to vaporize.
         (iv)   Dip tanks and drying cabinets must be exhausted to maintain an inward air flow, and be maintained under negative pressure, to ensure that fugitive emissions will be no greater than 50 ppm. Vented emissions from dip tanks and drying cabinets must not exceed 20 ppm.
      (6)   The owner or operator of a dry cleaning system must maintain the following equipment as recommended by manufacturer's specifications:
         (i)   hose and pipe connections, fittings, couplings, and valves;
         (ii)   door gaskets and seatings;
         (iii)   filter gaskets and seatings;
         (iv)   pumps;
         (v)   water separators;
         (vi)   muck cookers;
         (vii)   stills;
         (viii)   exhaust dampers;
         (ix)   diverter valves;
         (x)   cartridge filter housings;
         (xi)   drying sensors;
      (7)   Preparedness and prevention.
         (i)   All dry cleaning operations must be equipped with the following:
            (A)   adequate spill control equipment including sorbent materials, or alternative method for absorbing spills,
            (B)   vapor-proof containers for storing spill-contaminated material, and
            (C)   fire control equipment.
         (ii)   The facility owner must maintain aisle space to allow proper inspection of the dry cleaning equipment.
         (iii)   A reasonable supply of spare parts for repairing dry cleaning equipment must be available at the dry cleaning facility.
      (8)   All parts of the dry cleaning system including solvent containers where perc may be emitted to the atmosphere must be kept closed at all times except when access is required for proper operation and maintenance.
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