NJ lawmakers to be asked to halt perc ban
New Jersey state legislators could be asked to intervene to forestall a phase-out of perchloroethylene that has been proposed by the state’s Department of Environmental Protection.
Legislation could be introduced this month that would require the DEP to
withdraw the phase-out plan it introduced in December that would require all
perc equipment to be removed from co-residential locations by July of next
year. The phase-out schedule would continue through 2020 at which time perc
would be completely eliminated from drycleaning operations in the state.
Cleaners and trade association representatives argued vehemently against the
plan at a public hearing in January. The DEP received written comments through
February 15. The final decision is yet to come from the state agency.
But industry representatives are arguing that the agency does not have the
authority to issue an outright ban of the chemical. Nora Nealis, executive
director of the National Cleaners Association, said the situation is analogous
to a ban on MTBE which required approval of the New Jersey legislature. While
the DEP has authority to regulate the use of perc, a complete prohibition of
its use should go through the legislature as it did with MTBE, she said.
Drycleaners and their representatives would try to impress upon legislators the
hardship they would face if they are unable to continue using perc or forced
into expensive equipment upgrades. They would also explain how they have been
proactive in upgrading equipment and improving operations to protect the
environment, making a ban unnecessary.
Cleaners in co-residential locations would be especially pressed, Nealis noted,
since hydrocarbon solvents, one of the main perc alternatives, would probably
not be usable in those locations due to fire codes.
Tony Russo of State Street Associates, a lobbyist who is working on the
legislation, said meetings with legislators will be taking place to draw up a
bill that would call on DEP to withdraw its proposal and evaluate alternatives.
The goal, he said, will be to have the issue decided by science, not politics.
Nealis held out cautious hope for New Jersey cleaners who want to keep perc. “The situation is not as grim as some would believe,” she said. “But it won’t be easy.”
Russo said he expects it will be four to six months before DEP issues a
decision. The agency may offer some tweaking of the plan, he said, but if the
agency moves forward with a ban it would set a bad precedent, not only on perc
but also for other chemicals.
