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§ 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.