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(a) Operators of all dry cleaning facilities or their designees must record the following:
(1) The date, duration and nature of any malfunction, spill, incident, or emergency response at the facility as outlined in paragraph (d) of 15 RCNY § 12-11;
(2) The date of maintenance on any air cleaning component or exhaust system (such as the regeneration and/or replacement of the carbon in a carbon adsorber);
(3) The number of loads between regenerations, cleaning and replacement of lint filters and carbon adsorber pre-filters, repair or replacement of exhaust fans;
(4) The amount of activated carbon in carbon adsorbers (dry weight in pounds);
(5) The date of maintenance of drying sensors;
(6) The date and volume of any perc-contaminated hazardous waste shipments; and
(7) The dates of perc-contaminated wastewater treatment unit carbon cartridge replacement.
(b) Each owner or operator of a dry cleaning facility must keep receipts of perc purchases, a log of the following information, maintain such information on-site and provide it upon request for a period of five years:
(1) The volume of perc purchased each month by the dry cleaning facility as recorded from perc purchases; if no perc is purchased during a given month then the owner or operator would enter zero gallons into the log;
(2) The owner or operator must perform the following calculation on the first day of every month:
(i) Sum the volume of all perc purchases made in each of the previous twelve months, as recorded in the log described in paragraph (1) above.
(ii) If no perc purchases were made in a given month, then the perc consumption for that month is zero gallons.
(iii) The total sum calculated is the yearly perc consumption at the facility.
(c) Each owner or operator of a dry cleaning facility must record the following information on an inspection checklist as described in 15 RCNY § 12-07.
(1) The dates when the dry cleaning system components are inspected for perceptible leaks as specified under the inspection and testing requirements, and the name or location of dry cleaning system components where perceptible leaks are detected;
(2) The date, time and colorimetric detector tube monitoring results as specified in 15 RCNY § 12-07, if a carbon adsorber is used for primary or secondary emission control;
(3) The date, time and temperature sensor monitoring results for refrigerated condensers, as specified in 15 RCNY § 12-07; and,
(4) The dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with the inspection and testing requirements in 15 RCNY § 12-07.
(e) Each owner or operator of a dry cleaning facility must retain on-site a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.
(f) All records must be maintained on-site for at least five years and must be made available to the Department upon written or verbal request.
(g) In addition to the permitting requirements of 15 RCNY § 12-15, new facilities, or facilities installing new equipment, must submit to the Department a copy of the compliance report submitted to the New York State Department of Environmental Conservation within 30 days of commencing operation to certify compliance with the federal National Emission Standard for Hazardous Air Pollutants requirements. This statement must include:
(1) The name and address of the owner or operator;
(2) The address (that is, physical location) of the dry cleaning facility;
(3) An estimation of the annual perc consumption;
(4) A description of the machines' control devices;
(5) A statement verifying compliance with each applicable requirement under Title 40 of the Code of Federal Regulations subchapters 63.322, 63.323, and 63.324; and,
(6) A statement certifying that all information contained in the statement is accurate and true.
(h) In addition to the permitting requirements of 15 RCNY § 12-15, facilities exceeding the consumption thresholds identified in Title 40 of the Code of Federal Regulations subchapter 63.620(d), (e), or (g) must submit to the Department a copy of the compliance report submitted to the New York State Department of Environmental Conservation within 30 days of the compliance deadline of 180 days certifying compliance with any additional federal requirements. This statement must include:
(1) The name and address of the owner or operator;
(2) The address (that is, physical location) of the dry cleaning facility;
(3) An estimation of the annual perc consumption;
(4) A description of the machines' control devices;
(5) A statement verifying compliance with each applicable requirement under 40 C.F.R. Subchapters 63.322, 63.323, and 63.324; and,
(6) A statement certifying that all information contained in the statement is accurate and true.
(a) Prohibitions and requirements. The provisions of this section will be effective 60 days after the date that the first qualifying testing program is approved by the New York State Department of Environmental Conservation or its agent.
(1) Only the following kinds of dry cleaning equipment are permitted to be installed in perc dry cleaning facilities subject to this Rule: new closed-loop dry cleaning machines; converted dry cleaning machines; door fan systems; or, add-on secondary control systems which meet the design and performance standards in 15 RCNY § 12-06 and testing requirements of this section. Unless otherwise specified in this Rule, the dry cleaning equipment as manufactured and installed must comply in all respects with the unit upon which certification by the New York State Department of Environmental Conservation or its agent was based.
(2) Any manufacturer or vendor of any new closed-loop dry cleaning equipment that is to be installed in and used by a dry cleaning facility in New York City must apply for and receive certification from the New York State Department of Environmental Conservation or its agent that the equipment to be installed and operated complies in all respects with the performance standards and the testing requirements of Part 232 of Title 6 of the Codes, Rules, and Regulations of the State of New York. Such certification must include the operating parameters under which the equipment was tested to receive certification.
(3) It is unlawful for any person to sell, offer for sale, cause to be offered for sale, lease or represent new closed-loop dry cleaning equipment or any other machine or system described in paragraph (a)(1) of this section as one which can be used by a dry cleaning facility in New York City unless it has been certified by the New York State Department of Environmental Conservation or its agent.
(4) The contract of sale, lease, or use between the manufacturer or vendor and dry cleaning equipment user must contain, at a minimum, a provision stating that the manufacturer or vendor must, upon request, provide the user with a copy of the certification of the equipment by the New York State Department of Environmental Conservation or its agent, as required by § 232.13 of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(5) The manufacturer or vendor must provide immediate notification to the Department of any generic design or functional defect discovered in the equipment. Such notice must include a detailed plan of the manufacturer's or vendor's remedy.
(6) After the certified dry cleaning equipment has been installed at the user's facility, the manufacturer or manufacturer's representative must supply at least a two-day training session to the purchaser or lessee. The training must include instruction on how to maintain and operate the dry cleaning machine. This requirement does not apply to add-on door fan systems designed to capture drum vapors when the door is open.
(b) Equipment testing. All persons conducting equipment testing must comply with the equipment testing requirements, protocols, methods, and procedures of § 232.13(b) of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(a) Except for the conditions established in subdivision (b) and the effective date provisions of subdivision (f) of this subchapter, it is unlawful for any person to operate a dry cleaning facility subject to this Rule unless:
(1) the facility manager and/or owner has a current and valid Dry Cleaning Owner/Manager Certification; and
(2) the person operating the dry cleaning machine has a current and valid Dry Cleaning Operator Certification.
(b) In the event that an unforeseen/unpredictable situation prevents a dry cleaning facility from having a certified operator operating the dry cleaning equipment, the owner/manager will be allowed to continue operation of the dry cleaning machine with a non-certified operator for a period not to exceed three days per occurrence. Under no circumstances may an uncertified operator operate dry cleaning equipment at any facility for a total of more than ten days in any calendar year. If the use of an uncertified operator would cause nonperformance of required maintenance and leak detection, the facility must suspend dry cleaning operations until a certified operator is available. The purpose of this provision is to accommodate emergencies or unforeseen extenuating circumstances and must not be used to cover routine situations such as vacations or other scheduled absences.
(c) A Dry Cleaning Owner/Manager Certification may be issued by any organization that offers a training program (including refresher courses) approved by the New York State Department of Environmental Conservation in accordance with the requirements of § 232.14(c) of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(d) A Dry Cleaning Operator Certification may be issued by any organization that offers a training and testing program (including refresher courses) approved by the New York State Department of Environmental Conservation in accordance with the requirements of § 232.14(d) of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(e) Individuals that inspect dry cleaning facilities, either as a registered inspector or under the supervision of a registered inspector, must obtain a Dry Cleaner Owner/Manager Certification.
(f) Effective date for Dry Cleaning Owner/Manager and Dry Cleaning Operator Certification. After the date of the first qualifying training program approved by the New York State Department of Environmental Conservation, the requirements of this subdivision will take effect and the first training and certification will be mandatory according to the following schedule:
(1) upon start up for all operators of new dry cleaning facilities unless the facility Owner/Manager can demonstrate that compliance with this requirement poses an unreasonable burden because of the unavailability of scheduled training courses or testing facilities;
(2) three months for operators of all existing dry cleaning facilities that are in mixed-use locations and that contain transfer machines;
(3) six months for operators of all existing dry cleaning facilities in mixed-use locations that contain dry-to-dry vented machines but do not contain transfer machines;
(4) nine months for operators of all the rest of the existing dry cleaning facilities in mixed-use locations;
(5) twelve months for operators of all existing dry cleaning facilities in stand-alone locations that contain transfer machines;
(6) fifteen months for operators of existing dry cleaning facilities in stand-alone locations that contain dry-to-dry vented machines but do not contain transfer machines; and,
(7) eighteen months for operators of all the rest of existing dry cleaning facilities in stand-alone locations.
(g) A Dry Cleaning Operator Certification will be valid for a three year period and may be renewed upon completion of a refresher course.
(h) Persons or organizations authorized to offer operator training and certification courses may not require membership in an association or purchase of a product as a prerequisite to enrollment or successful completion of the course.
(i) An authorization to offer operator training and certification courses is valid for a maximum of five years. The authorization may be renewed by filing an application provided by the New York State Department of Environmental Conservation. Such ap- plication must be filed at least six months prior to the expiration of the current authorization.
(j) If the New York State Department of Environmental Conservation fails to approve and implement the training programs set forth in § 232.14 of Title 6 of the Codes, Rules, and Regulations of the State of New York in a timely manner then the Department may elect, in its sole discretion, to implement such training programs consistent with this subchapter and § 232.14 of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(k) Dry cleaning owners and/or managers and all machine operators shall attend a 16-hour training course, successfully pass a DEC Certification test and hold current, valid DEC Owner/Manager and/or Operator Certificates. Every shop owner shall have at least one person with an Owner/Manager Certification and one person with an Operator Certification.
(a) Alterations or Modifications to Existing Certificated Dry Cleaning Facilities Required by 15 RCNY § 12-05. Any person who owns or operates an existing perc dry cleaning facility which has a valid operating certificate and who is required to perform alterations or modifications in order to comply with the requirements of 15 RCNY § 12-05 shall submit to the Department by means of certified mail a copy of the same notice submitted to the New York State Department of Environmental Conservation in accordance with the requirements of § 232.5(a)(3) of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York.
(b) New Installations that are Not Major Sources of Perc and Alterations or Modifications to Existing Certificated Dry Cleaning Facilities. No person may install or construct a new perc dry cleaning facility or undertake alterations or modifications to an existing certificated perc dry cleaning facility, except for alterations or modifications required by 15 RCNY § 12-05, without first submitting an application on a form to be supplied by the Department and obtaining an installation or alteration permit. All installation and alteration permit applications shall reference any process application number(s) previously assigned to the facility by the Department and shall also include a copy of the facility's New York State Department of Environmental Conservation air permit or registration. Except as provided for by subdivision (c) of this section, the Department shall issue an installation or alteration permit or an operating certificate to any new or existing perc dry cleaning facility that the Department determines is in full compliance with all the provisions, requirements, and standards of this Rule.
(c) New Installations that are Major Sources of Perc. The Department may grant an installation permit to a new dry cleaning facility that will be a major source of perc only after the Department has determined that the proposed dry cleaning facility is in full compliance with the provisions, requirements, and standards of this Rule and that the proposed dry cleaning facility will not cause detriment to the health, safety, welfare or comfort of any person. The Department may impose such additional permit and/or certificate terms and conditions as it determines may be necessary to protect the health, safety, welfare, or comfort of any person. In addition to the requirements of this section, any new perc dry cleaning facility which is a major source of perc must comply with all requirements under federal and state law including, but not limited to, the National Emission Standard for Hazardous Air Pollutants for Perchloroethylene Dry Cleaning Facilities and shall also obtain a Title V permit as required by the Federal Clean Air Act.
(a) Stand-alone dry cleaning facilities must be inspected at least annually, and mixed-use facilities must be inspected according to the following schedule:
(1) At least twice annually where any transfer or dry-to-dry vented equipment is operated; or
(2) At least annually where only non-vented equipment is operated.
(b) Such inspections must be performed by an inspector registered with the New York State Department of Environmental Conservation or by an individual working under the supervision of a registered inspector.
(c) All registered inspectors must meet the requirements of paragraphs (1), (2) and (3) of this subdivision. All individuals working under the supervision of a registered inspector must meet the requirements of paragraphs (2) and (3) of this subdivision.
(1) The inspector must be one of the following:
(i) a licensed professional engineer;
(ii) a registered architect; or
(iii) a certified industrial hygienist.
(2) Must possess a Dry Cleaner Owner/Manager certification in accordance with 15 RCNY § 12-14 and complete other appropriate training as specified by the New York State Department of Environmental Conservation on topics related to inspections.
(3) Must not be engaged in the sales or marketing of dry cleaning equipment. Must not be engaged in providing services to the dry cleaning industry. Employees of trade associations may not conduct inspections, but trade associations may solicit bids for performing inspections on behalf of their members.
(d) Inspections must be conducted in accordance with protocols specified by the New York State Department of Environmental Conservation, using an inspection reporting form supplied by the New York State Department of Environmental Conservation.
(e) Analysis of air samples collected by passive sampling devices or the equivalent must be conducted by a laboratory certified by the Environmental Laboratory Approval Program (ELAP) of the New York State Department of Health.
(f) The inspection will verify that the NOTICE required by 15 RCNY § 12-18 is posted in a conspicuous location in the facility.
(g) After the inspection is completed, the registered inspector must provide a completed inspection reporting form to the Department and to the facility owner within 45 days of the inspection.
(h) Failure of the registered inspector to comply with the above requirements may result in the removal of the registered inspector from the Department's list of registered inspectors.
(i) The owner/manager or operator must:
(1) Make available upon request the most recent completed inspection reporting form to interested individuals for review on premises during normal business hours.
(2) If the inspection reveals a leak or malfunction, the facility must be repaired within the timeframes established in 15 RCNY § 12-07 and reinspected within one month.
Any person requesting that use of alternative equipment or procedures be considered as equivalent to the requirements under 15 RCNY § 12-06 shall make an application to the New York State Department of Environmental Conservation in accordance with the requirements of § 232.17 of Title 6 of the Codes, Rules, and Regulations of the State of New York and shall submit a copy of the New York State Department of Environmental Conservation's equivalency determination to the Department.
(a) The facility owner must post the notice required by § 232.18 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York in a conspicuous location in the dry cleaning facility to inform building tenants and/or customers of the substances (perc) used in the dry cleaning system and potential health effects associated with exposure to them.
(b) In addition to the notice required by subdivision (a), the owner of a dry cleaning facility that uses perc in the cleaning process must post in a conspicuous location in the facility a notice, on a form to be provided by the Department and with dimensions of 8 1/2 × 11 inches, that contains the following statements:
(i) "Information about the hazardous chemical substance (perc) used at this dry cleaning facility can be found on the Material Safety Data Sheet, which may be read at www.nyc.gov/dep/drycleanermsds."
(ii) "This facility is inspected and permitted by the Department of Environmental Protection. The Department of Environmental Protection permit number is ____________. The RTK ID # is ____________."
(c) The owner of a dry cleaning facility that uses non-perc in the cleaning process must post in a conspicuous location in the facility a notice, on a form to be provided by the Department and with dimensions of 8 1/2 × 11 inches, that contains the following statements:
(i) "The primary non-perc chemical substance used at this dry cleaning facility is ______________."
(ii) "Detailed information about the primary non-perc chemical substance can be found on the Material Safety Data Sheet, which may be read at www.nyc.gov/dep/drycleanermsds."
(iii) "This facility is inspected and permitted by the Department of Environmental Protection. The Department of Environmental Protection permit number is ____________. The RTK ID # where applicable is __________."
(d) The owner of a dry cleaning facility that uses both perc and non-perc in the cleaning process must post the notice required by subdivision (c) of this section, in addition to the notices required by subdivisions (a) and (b) of this section.
Any person who is in violation of or fails to comply with any provision, standard, or requirement of this Rule or the terms and conditions of any permit issued pursuant to this Rule shall be subject to the issuance of notice(s) of violation and other enforcement action(s) pursuant to the provisions of the Administrative Code of the City of New York including, but not limited to, the payment of civil penalties and compliance with orders of the Environmental Control Board.
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