Major Federal Regulations and Standards
Affecting Petroleum Drycleaners
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FEDERAL ENVIRONMENTAL PROTECTION REGULATIONS AND STANDARDS |
FEDERAL WORKER HEALTH AND SAFETY REGULATIONS AND STANDARDS MORE INFORMATION |
In general, on a nationwide basis, petroleum drycleaners provide their services primarily to large industrial, commercial, and institutional customers. Consequently, petroleum drycleaning establishments tend to be larger operations relative to the drycleaners who cater to a residential clientele, i.e., the neighborhood cleaners. However, many smaller cleaners are now converting from perchloroethylene to petroleum processes. Because petroleum drycleaners presently form a distinct sector (due to size, customer type, and solvent type) within the garment and textile care industry, these operations are subject to special Federal and State regulatory requirements.
This Fact Sheet identifies some of the major Federal environmental, health, and safety requirements that apply to petroleum drycleaning operations. The U.S. Environmental Protection Agency (EPA) administers the Federal environmental protection requirements and the U.S. Occupational Safety and Health Administration (OSHA) administers the Federal worker health and safety requirements. The National Institute of Occupational Safety and Health (NIOSH) has established operational recommendations in the form of guidance documents. NIOSH is a Federal institute that provides research and technical support to OSHA and other Federal agencies. Other Federal Agencies may have regulations that apply to petroleum solvent cleaners and they are not covered in this Fact Sheet.
Compliance with State-Level Requirements. Most States have adopted the Federal regulations and standards into their State-level regulatory codes and are therefore authorized to carry out primary implementation and enforcement responsibilities for the Federal EPA and OSHA requirements. For example, the States responsible for implementing Federal OSHA requirements are called "State Plan States." Beyond the Federal requirements, many State environmental control and public health agencies have adopted regulations and standards that are stricter than the Federal requirements. This document does not address specific State requirements for petroleum drycleaners. Petroleum drycleaners must be knowledgeable of, and in compliance with, the regulations and standards of individual States.
EPA regulations apply to petroleum drycleaners with respect to:
The EPA regulations outlined below, and related guidance documents, can be accessed on specific EPA web sites as indicated.
Under the Federal Resource Conservation and Recovery Act (RCRA), a petroleum drycleaner must comply with various hazardous waste regulations if the particular solvent used is "ignitable." A solvent is ignitable if its flashpoint is lower than 140 degrees Fahrenheit (60 degrees Centigrade). If the solvent is ignitable, then the extent of hazardous waste regulation is dependent upon the amount of hazardous waste that a drycleaner generates. The EPA hazardous waste regulations are located in Title 40 of the Code of Federal Regulations (CFR), Part 260 through Part 279.
In general, these regulations govern the following aspects of hazardous waste management: use of the off-site waste shipment manifest form; packaging and labeling; on-site storage; recycling and reuse; off-site waste transport requirements; and recycling/disposal facility selection. Materials that commonly qualify as hazardous petroleum drycleaning wastes include, but are not limited to: filter casings; still bottoms; separator water, partially empty solvent containers or drums; and spotting board residues.
Regulatory, guidance, and other information pertaining to hazardous waste management can be accessed on the EPA web site at: www.epa.gov/epaoswer/osw/hazwaste.htm.
Established pursuant to the Federal Clean Air Act (CAA), the NSPS standards serve to ensure that new sources of air pollution meet minimum performance requirements pertaining to equipment and work practices.
The NSPS for petroleum drycleaners serves to minimize VOC emissions through application of best demonstrated technologies. A petroleum drycleaner must comply with new source performance standards if the operation has a total manufacturer-rated dryer capacity that is equal to or greater than 84 pounds (38 kilograms) AND the equipment was installed after December 14, 1982.
The EPA new source emission standards for petroleum drycleaners are located in Title 40 CFR Part 60, Subpart JJJ (40 CFR Sections 60.620 through 60.625).
In general, these standards specify: allowable dryer types; allowable solvent filters; allowable solvent recovery flow rates; recordkeeping requirements; information posting requirements; and performance testing procedures.
Regulatory, guidance, and other information pertaining to NSPS requirements can be accessed on the following EPA web sites: www.epa.gov/oar/oaqps and www.epa.gov/ttn/uatw.
Also, the NSPS requirement can be accessed on the EPA web site at: http://earth1.epa.gov/epacfr40/chapt-I.info/subch-C/40P0060/
Pursuant to the Federal Clean Water Act (CWA) and the Oil Pollution Act (OPA), EPA developed the Oil Pollution Prevention Regulation. The regulation is located at Title 40 CFR Part 112 and forms the basis of EPA's Oil Spill Prevention, Control, and Countermeasures (SPCC) Program. The goal of the SPCC Program is to prevent oil spills from certain above ground and underground storage tanks.
A petroleum drycleaner must comply with the Off Pollution Prevention Regulation if the facility meets the following criteria:
a) has an above ground petroleum solvent storage capacity of more than 660 gallons in a single tank, an aggregate above-ground storage capacity of more than 1,320 gallons, OR a total underground storage capacity of 42,000 gallons;
AND
b) could reasonably be expected to discharge oil product in harmful quantities into navigable waters of the United States.
Petroleum drycleaners who meet the above criteria must prepare an SPCC Plan. The Plan is required to address the facility's design, operation, and maintenance procedures established to prevent spills from occurring, as well as countermeasures to control, contain, clean up, and mitigate the effects of an oil spill that could affect navigable waters.
Regulatory, guidance, and other information pertaining to the Oil Pollution Prevention Regulation and the SPCC Program can be accessed on the EPA web site at: www.epa.gov/oilspill/opprover.htm
Further, under the CWA, petroleum solvents with a flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) may be prohibited from discharge into a public sewer system. A petroleum drycleaner must contact the State environmental control agency for specific requirements governing-discharges into public sewer systems.
Unlike perchloroethylene (PCE or perc), petroleum solvents are volatile organic compounds (VOCs). As a result, a Control Techniques Guideline (CTG) was developed by EPA for States and local pollution control agencies to use for regulating solvent emissions from various petroleum drycleaning establishments. The petroleum CTG applies only to petroleum drycleaning operations that use more than 32,500 gallons (123,000 liters) of solvent per year. Petroleum drycleaners that exceed that threshold may need to install a petroleum recovery dryer and adhere to other requirements for filtration and leaks.
A CTG is not mandatory in all situations, nor does it serve as absolute minimum or maximum requirement. In determining how closely to adhere to the EPA CTG guideline, each State or local air pollution control agency evaluates the severity of ozone pollution in a local or regional area and the amount of control necessary to alleviate the problem. A petroleum drycleaner must contact the State environmental control agency or local air pollution control agency to determine exactly how this requirement applies to his/her operation.
The EPA CTG guidance for petroleum solvent is titled Control of Volatile Organic Compound Emissions from Large Petroleum Drycleaners (EPA 450/3-82-009). This document can be ordered by contacting the National Technical Information Service (NTIS) at the following toll-free number: (800) 553-NTIS.
Under RCRA, a petroleum drycleaner that stores solvent in underground storage tanks (USTs) must comply with Federal and State UST regulations. The Federal UST regulations are located at Title 40 CFR Part 280 and require that USTs be protected from corrosion, equipped with devices that prevent spills and overfills, and periodically monitored for leaks.
Regulatory, guidance, and other information pertaining to UST requirements can be accessed on the following EPA web site: http://www.epa.gov/swerust1.
In the near future, as already exists for perchloroethylene drycleaners, EPA may establish a MACT standard for petroleum drycleaners pursuant to authority granted to the EPA under the CAA. The purpose of a MACT standard is to ensure that state-of-the-art technologies are used to control listed hazardous air pollutants (HAPs). This regulation would be more comprehensive and more stringent than the Subpart JJJ NSPS standard discussed above.
Regulatory, guidance, and other information pertaining to NSPS requirements can be accessed on the following EPA web sites: www.epa.gov/oar/oaqps and www.epa.gov/ttn/uatw.
Pursuant to the Federal Occupational Safety and Health Act, in addition to the Federal OSHA standards that apply to a broad range of industry types, petroleum drycleaners must also comply with OSHA standards that are specific to those industries that use petroleum solvents.
These particular OSHA standards address the following aspects of petroleum drycleaning operations: worker exposure; fire safety; and protection against bloodborne pathogens.
For some petroleum drycleaners, OSHA hazard communication standards may also apply.
The OSHA standards outlined below, and related guidance documents, can be accessed on the OSHA web site at: www.osha-slc.gov/SLTC/drycleaning.
NOTE: For a petroleum drycleaning facility located in a State Plan state, there may be additional requirements. A list of State Plan states and contacts is located on the OSHA web site at: http://www.osha-slc.gov/fso/osp/.
Those petroleum drycleaners that use Stoddard solvent must comply with the OSHA Permissible Exposure Limit (PEL) for Stoddard solvent listed under petroleum distillates. The PEL for Stoddard solvent was established to protect workers from the health effects resulting from exposure to that substance. The PEL for Stoddard solvent is 500 parts per million (ppm) of contaminated air or 2,000 milligrams per cubic meter (mg/cu-m) of air, as measured by an eight-hour Time-Weighted Average (TWA). The PEL standard applicable to petroleum drycleaners is located at 29 CFR Section 1910.1000, Table Z-1.
Petroleum drycleaners must comply with the OSHA standards for flammable and combustible liquids located at 29 CFR Section 1910.106. The OSHA standards for fire protection that may also apply are located at 29 CFR Part 1910, Subpart L. OSHA's expert systems, titled Hazard Awareness Advisor and Fire Safety Advisor, provide guidance for determining which OSHA standards apply your specific establishment(s). These expert systems can be accessed on the OSHA web site at: http://www.osha-slc.gov/dts/osta/oshasoft/.
Also, as specified in 29 CFR Section 1910.106, OSHA requires compliance with National Fire Protection Association (NFPA) Standard No. 32 (Standard for Drycleaning Plants). This guidance document is available on the NFPA web site at: www.nfpa.org.
Further, NIOSH has developed non-regulatory guidance addressing the control of fire hazards specific to petroleum drycleaning operations. This guidance document is titled Control of Fire Hazards in Commercial Drycleaning Shops Using Petroleum-Based Solvents (Hazard Control Guidance No. 21). This NIOSH guidance document can be accessed on the OSHA web site at: www.osha-slc.gov/SLTC/drycleaning.
Those petroleum drycleaners that provide services to health care facilities, police departments, and fire departments must comply with the OSHA standards for control of bloodborne pathogens. These standards are located at 29 CFR Section 1910.1030 and set forth requirements for work practice controls, personal protection equipment, housekeeping procedures and techniques, and establishing and implementing an Exposure Control Plan.
If a petroleum drycleaner, in addition to being a purchaser and user of petroleum solvent, is also a distributor, importer, or manufacturer of petroleum solvent, the drycleaner must comply with the OSHA standards for hazard communication. These standards are located at 29 CFR Section 1910.1200 and set forth requirements for establishing and implementing a workplace hazard communication plan; labeling of containers; training employees; and maintaining Material Safety Data Sheets (MSDSs).
This document (EPA 744-F-99-005) was produced as a Fact Sheet by EPA's Design for the Environment Garment and Textile Care Program and published in May 1999. DfE, as described by EPA, is a voluntary initiative that forges partnerships with various stakeholders in an effort to incorporate environmental concerns into the traditional decision-making parameters of the business world (cost and performance) and to build incentives for behavior change to encourage continuous environmental improvement.
More information on the Design for the Environment Program is available from the web site: http://www.epa.gov/dfe/
Information on the Garment and Textile Care Program, including other DfE documents related to this one, can be found on http://www.epa.gov/opptintr/dfe/garment/garment.html.
This document provides a listing and brief description of only the current MAJOR federal environmental and worker safety regulations that affect petroleum drycleaning operations. It is not intended to be an inclusive listing of every U.S. EPA or U.S. OSHA regulation that may apply to petroleum drycleaning establishments. Further, many states have developed additional regulatory requirements that may apply to petroleum drycleaning operations, Federal and State regulatory requirements may change over time. Petroleum drycleaners must comply with all currently applicable federal and State regulations and standards, To stay abreast of changes in regulations and standards, and to precisely determine which requirements apply to your specific operation, you should contact your regional EPA and OSHA office and officials of your state environmental control or public health agency.
EPA officials, located at the Agency's Regional Offices, are available to answer questions pertaining to drycleaning regulatory compliance. You may contact the official in your region as listed below:
Region I Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont 1 Congress Street, 1100 (SEA) Boston, MA 02203-2211 Doug Koopman, Compliance (617) 918-1747, fax: (617) 918-1809 koopman.douglas@epa.gov Region 2 New Jersey, New York, Puerto Rico, Virgin Islands 290 Broadway (see floors and mail codes below for each) New York, NY 10007-1866 Diane Buxbaum, Drycleaning Project/Compliance Assistance (2DECA-CAPS) 21st Floor (212) 637-3919, fax: (212) 637-4035 Carl Plossl, Engineer, RCRA Compliance (2DECA-RCB) 22nd Floor (212) 637-4137; fax: (212) 637-4949 Venkata Rao, Air Compliance (2DECA-ACB) 21st Floor (212) 637-4053, fax: (212) 637-3998 Region 3 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia 1650 Arch Street (see mail codes below for each) Philadelphia, PA 19103-2029 Richard Segrave-Daly, Compliance and Drycleaning Pollution Prevention Business Assistance Center (3RA20) (800) 228-8711 or (215) 814-5535 Fax: (215) 814-2783 daley.richard@epa.gov Artra B. Cooper, Enforcement (3AP22) (215) 814-2096, fax: (215) 814-2114 Region 4 labama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee 61 Forsyth Street, SW. Atlanta, GA 30303-3415 Rosalyn Hughes, Compliance (404) 562-9206, fax: (404) 562-9164 Region 5 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin] 77 West Jackson Boulevard Chicago, IL 60604-3590 John Kelly, Compliance (AR-18J) (312) 886-4882, fax: (312) 886-5824 kelly.johnj@epa.gov Region 6 Arkansas, Louisiana, New Mexico, Oklahoma, Texas 1445 Ross Avenue (6EN-AA) Dallas, TX 75202-2733 Mary K. Marusak, Compliance and Enforcement (214) 665-7598, (214) 665-7446 Region 7 Iowa, Kansas, Missouri, Nebraska] 726 Minnesota Avenue Kansas City, KS 66101-2798 Alma Moreno-Lahm, Compliance, Drycleaning Sector Team (ENSV/ARCM) (913) 551-5232, fax: (913) 551-5287 Gary Schlicht, Compliance (MACT air rule) (ARTD/APCO) (913) 551-7097, fax: (913) 551-7065 E-mail: schlicht.gary@epa.gov Region 8 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming 999 l8th Street Denver Place, Suite 500 Denver, CO 80202-2045 Tami Thomas-Burton, Enforcement/Compliance (SENIF-7) (303) 312-6581, fax: (303) 312-6409 Region 9 Arizona, California, Hawaii, Nevada, American Samoa, Guam 75 Hawthorne Street San Francisco, CA 94105 Angela Barafico, Air Division, Compliance Assistance Program (AIR-6) (415) 744-1196, fax: (415) 744 -1073 Region 10 laska, Idaho, Oregon, Washington 200 Sixth Avenue Seattle, WA 98101 Dan Meyer, Drycleaning Project OAQ-107) (206) 553-4150, fax: (206) 553-0110
Region 1 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont JFK Federal Building, Room E340 Boston, MA 02203 (617) 565-9860 Region 2 New Jersey, New York, Puerto Rico, Virgin Islands] 201 Varick Street, Room 6701 New York, NY 10014 (212) 337-2378 Region 3 District of Columbia, Delaware, Maryland, Pennsylvania, Virginia, West Viwginia Gateway Building, Suite 2100 3535 Market Street Philadelphia, PA 19104 (215) 596-1201 Region 4 Alabama, Morida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee 61 Forsyth Steet, SW Atlanta, GA 30303 (404) 562-2300 Region 5 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin 230 South Dearborn Street, Room 3244 Chicago, IL 60604 (312) 353-2220 Region 6 Arkansas, Louisiana, New Mexico, Oklahoma, Texas 525 Griffin Street, Room 602 Dallas, TX (214) 767-4731 Region 7 Iowa, Kansas, Missouri, Nebraska City Center Square 1100 Main Street, Suite 800 Kansas City, MO 64105 (816) 426-5861 Region 8 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming 1999 Broadway, Suite 1690 Denver, CO 80202-5716 (303) 844-1600 Region 9 Arizona, California, Guam, Hawaii, Nevada 71 Stevenson Street, Room 420 San Francisco, CA 94105 (415) 975-4310 Region 10 Alaska, Idaho, Oregon, Washington 111 Third Avenue, Suite 715 Seattle, WA 98101-3212 (206) 553-5930