National Clothesline

The regulatory landscape for drycleaners is changing rapidly with new federal air pollution rules for all drycleaners and even stricter rules in some states, notably California, that could lead to a phase-out of the use of perc in drycleaning over the next 15 years.

A four-member panel covered the many changes during a morning seminar at last month’s convention of the Pennsylvania and Delaware Cleaners Association. Each panelist addressed a specific area where changes are taking place, beginning with David Dawson, vice president of R. R. Street & Co. Inc. and chair of the government affairs committee of the Textile Care Allied Trades Association.

The new national air pollution standards for drycleaners was Dawson’s topic. The rules, published by EPA in July, add new requirements to the 1993 standards and will affect all drycleaners, especially those with plants in a building that shares a wall, ceiling or floor with residential living quarters.

Existing cleaners whose perc equipment predates Dec. 21, 2005 can continue operating it until 2020. However, no new perc machines can be installed in these locations.

All new perc machines, no matter where they are installed, now must be at least fourth-generation, meaning they must have both integrated and primary vapor controls and a carbon adsorber to further remove perc fumes before the door opens. The rules also stipulate that cleaners still using perc transfer machines have two years to replace them.

All cleaners will have to begin a program of regular leak detection using an electronic detector, a device the EPA has said can be purchased for about $250. Previous EPA requirements didn’t require anything more sophisticated than a drycleaner’s sense of sight, touch or smell to detect leaks.

EPA could be headed for a legal battle over its new regulations. When the PDCA discussion panel took place, it wasn’t known whether EPA would be taken to court over the rules, but as a Sept. 22 deadline for filing a lawsuit neared, industry groups and an environmental group were ready to launch court challenges.

The Halogenated Solvents Industry Alliance along with the International Fabricare Institute, the National Cleaners Association and the Textile Care Allied Trades Association were petitioning the U.S. Court of Appeals in the District of Columbia for review of the EPA regulation. The industry associations have argued that EPA overstepped its authority, as spelled out in the 1991 Clean Air Act, when it used in risk-based calculations to make its case for phasing out perc in co-residential locations.

The Sierra Club plans to take take EPA to court, also, arguing that the new regulations do not go far enough in restricting the use of perc in drycleaning. Some environmentalists want EPA to follow California’s lead in phasing out perc completely.

The situation in California was covered during the PDCA panel discussion by Steve Risotto, executive director of HSIA.

Risotto noted that the staff of the California Air Resources Board last spring recommended new restrictions on perc, but not an outright ban, in part due to questions about the commercial viability or environmental impacts of the various perc alternatives.

However, the CARB governing board in May rejected its staff’s proposal, saying instead that it wants a phase-out of perc and directed the staff to develop a new proposal accordingly.

The new proposal is likely to call for a complete phase-out in California by 2023 and a ban on any new perc machines after 2007. A hearing on that proposal could be held in early 2007. Risotto said HSIA will continue to make a case for the continued use of perc.

In New Jersey, another state that is looking to clamp down on perc, discussions are still going on with the Department of Environmental Protection, Risotto said.

Good news for perc came out of the state of Oregon recently, Risotto said. State officials decided that ambient levels of perc were not a problem and raised the allowed level.After discussions with HSIA, IFI, NCA and the Oregon Dry Cleaners Association, officials determined that it is “very unclear if [perc] is a carcinogen in humans, and, if it is a human carcinogen, its potency is very weak.”

Oregon officials also took into consideration decisions by Health Canada and the Ontario Ministry of the Environment to establish regulatory limits for perchloroethylene based on potential non-cancer effects.

In most states, Risotto said, budget constraints are making it difficult for regulators to enforce existing rules, much less adopt new ones. He said the industry now “has an opportunity to step in and create partnerships with regulators to help them solve their problems.”

IFI’s Jon Meijer discussed how trade associations are trying to help drycleaners deal with regulations both new and old. It’s important, he said, to get in on the beginning of the regulatory process, trying to educate officials and explain what needs to happen in order to get a fair result for the industry.

Often the result is more sensible regulations. He cited a number of successes the associations have achieved, such as getting perc de-listed as a VOC (Volatile Organic Compound), allowing for evaporation of separate water as opposed to having it removed by a hazardous waste disposal firm, getting OSHA approval for drycleaners to use half-mask respirators instead of full-blown protective suits when dealing with routine perc-related operations.

The issues go beyond environmental, Meijer added. There are business issues such as the minimum wage and tax credit programs and care labeling and other Federal Trade Commission concerns such as environmental surcharges.

“We’re not a large staff,” Meijer said of IFI, “But we try to work with others and to speak with one voice.”

The final panelist was Mike Tatch, president of Tatch Technical Services.

Tatch said he “felt like I was in Oz” that day in California when the CARB board overruled its staff and voted to phase out perc.

“I couldn’t believe what I saw,” he said. “That forever changed the industry. They banned a solvent strictly for political reasons.”

“Change is coming,” he advised. “Be flexible and objective. You can’t stay with something that is no longer viable.”

Tatch provided his own NESHAP for Dummies, a guide to the new federal rules, and offered advice to cleaners on how to plan their future course. Before making any decisions about what machine to buy or solvent to use, carefully analyze your garment mix and poundage to determine what you need to do the work you have, he said.

“Look at all solvents,” he recommended. “Pick one or two that suit your needs, then determine what size and type machine you’ll need.” Once that decision is made, visit other plants using the same configuration.

“Change, especially in solvent, will have some pain. Take some time in adopting a new solvent.”