EPA ready to fix clean air rules
The Environmental Protection Agency is making some technical corrections to its clean-air rules that apply to drycleaners to clarify several points in the regulations.
One key clarification would relieve most cleaners of a requirement to perform
weekly colorimetric monitoring in the wheel of new fourth-generation equipment
to ensure that solvent levels do not exceed 300 parts per million.
Another revision would allow cleaners to monitor the exit temperature as an
alternative to monitoring the refrigeration condenser. EPA believes that
pressure-gauge monitoring is more reliable but recognizes that monitoring the
temperature may be the preferred approach in some cases.
EPA had originally proposed that only major sources — those emitting 10 tons or more per year of perc — would have to conduct the weekly wheel monitoring for new fourth-generation
equipment. But in its final rule, the agency removed the equipment requirement
for major courses but did not make the necessary correction to the drum
monitoring requirement, the Halogenated Solvents Industry Alliance explained.
Unless that is corrected, area source cleaners (under 10 tons per year) who
installed fourth generation equipment after December 2005 would have to begin
the weekly monitoring in July 2008.
Cleaners would still be required to use halogenated carbon leak detectors to
conduct monthly leak detections along with the already required weekly
inspection for leaks that can be identified without measuring instruments.
EPA is also clarifying that its ban of transfer drycleaning machines applies to
all locations and that its proposal to eliminate perc machines in
co-residential locations applies to all sizes of cleaners.
The phase-out of perc in co-residential locations is a key part of industry
litigation against EPA over the clean-air rules, which were adopted in 2006.
EPA wants to phase out the use of perc in drycleaning plants located in
residential buildings by 2020 while prohibiting any new perc machines in such
locations.
The changes make it unlikely that a ruling in the lawsuit will come earlier than
next year, HSIA noted. Because EPA is not allowed to make changes in its rules
while they are in litigation, the U.S. District Court had to grant a joint
motion for a partial remand which was filed by the Sierra Club, HSIA and other
industry litigants — the Drycleaning and Laundry Institute, the National Cleaners Association and
the Textile Care Allied Trades Association.
This will delay briefing in the litigation until at least mid-June while EPA
makes its technical corrections, HSIA said.
Another concern is the effect on states that are in the process of implementing
the new rules for drycleaners, particularly as they pertain to the wheel
monitoring requirements.
“Although EPA staff have indicated that their intent is to move quickly to make
the technical corrections, cleaners may wish to communicate the information
about the pending corrections to their state regulators,” HSIA said.
Impact in New Jersey
The lawsuit could also effect a proposal in New Jersey to ban perc drycleaning
in co-residential locations as of July 2009. In arguing against the EPA
phase-out, the industry has contended that the agency used questionable cancer
risk assessment figures and disregarded a recent study that suggests that perc
exposure is not associated with an increased cancer incidence and relied on
inadequate date on perc exposures in residential buildings.
A move is afoot in New Jersey to pass legislation that would put the state’s Department of Environmental Protection’s phase-out on hold. One bill would “grandfather” the use of perc equipment in drycleaning by prohibiting the DEP from “imposing any requirements in addition to federal requirements” on drycleaning facilities, equipment and operations.
The bill (S 1249) also grandfathers third-generation drycleaning machinery that
was properly permitted on and before January 1, 2008 “until it can no longer be used or operated without replacement, provided the
equipment and machinery comply with federal law, regulation, and requirements.”
Another bill (S 1585) would permit the continued use of perc drycleaning
equipment through 2011 while requiring DEP to study alternatives.
