PAUL R

. LEPAGE GOVERNOR 

### March l, 2011 Susan Lancey U .S. EPANew

England 5 Post Office Square Suite 100 (OES04-2) Boston, MA02109-3912 Dear Ms. Lancey: DARRYL N. BROWN COMMISSIONER



### I've enclosed a certified version ofthe Department's Chapter 125, Perchloroethylene Dry Cleaner Regulation per your request. Ifyou should have any further questions, please feel free to contact me at (207) 287-7647.

AUG USTA 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 (207) 287-7688 FAX: (207) 287-7826 RAY BLDG., HOSPITAL ST. STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

BANGOR PORTLAND PRESQUEISLE t06 HOGAN ROAD, SUITE 6 312 CANCOROAD 1235 CENTRAL DRIVE, SKYWAY PARK BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679-2094 (207) 941-4570 FAX

: (207) 941-4584 (207) 822-6300 FAX : (2071) 822-6303 (207) 764-0477 FAX : (207) 760-3143 web site: www

.maine .gov/dep

# State of Maine

Department of the Secretary of State I, the Secretary of State of Maine, certify that according to the provisions ofthe Constitution and Laws ofthe State of Maine, the Department ofthe Secretary of State is the legal custodian ofthe Great Seal ofthe State of Maine which is hereunto affixed, and that the paper to which this is attached is a true copy of filing 2009-261 of rule 06-096 Chapter 125, Perchloroethylene Dry Cleaner Regulation, of the Maine Department of Environmental Protection.

In Testimony Whereof, I have caused the Great Seal of the State of Maine to be hereunto affixed

. Given under my hand at Augusta, Maine, February 10, 2011 .

Charles E. Summers, Jr. Secretary of StateRule-Making Cover Sheet

MAPA-1 TO : Secretary of State ATTN : Administrative Procedure Officer, State House Station 101, Augusta, Maine 04333. 1 . Agency: Department of Environmental Protectin 2. Agency umbrella and unit number : 06-096 (2 digit umbrella # and 3 digit unit #) 3. Title of rule: Perchloroethylene Dry Cleaners Regulation 4. Chapter number assigned to the rule: 125 (must be 3 digits or less) 5. Date(s)/method(s) of notice: 2/25/09 Newspapers 2/12/09 Mailing to interested parties 6. Date(s)/place(s) of hearing(s) : 3/19/09 Holiday Inn, Augusta 7. Type: C new

rule x partial amendment(s) of existing rule 

### 1 111 

# ~ I 0011 -?1(01 AC~%i5fE_I)

TFOR FILING 

# JUN 19 2009 SECRETARY OF STATE

0 suspension of existing rule C repeal ofrule 0 emergency rule 0 repeal and replace: complete replacement of existing chapter, with former version simultaneously repealed. 8. Name/phone of agency contact person: Andrea Lani 9. If a major substantive rule under Title 5, c. 375, sub-CII-A, check one of the following

Provisional adoption X (prior to Legislative review) emergency adoption of major-substantive rule Final adoption ~4d'!°dAen1 ri. y Ma r s4- Nt fiTa +'~. scla35rhArrldC- AG1c.E - I 401 10 . Certification Statement : 1, David P . Littell hereby certify that the attached is a true copy of the rule(s) described above and lawfully adopted by the Board of Environmental Protection on May 21, 2009 (name of agency) (date) 1 further certif3i that a requirements o Signat fthis rule are adopted in compliance with the strative Procedure Act .

ure, personally signed by the head of agency) 

### Printed name &title: David P. Littell, Commissioner

11 . Approved as to form and legality by the Attorney General on SiQnature 

## G Printed Name: (date) (original signature, personally signed by an Assistant 6 : t M (c -C) . Rst..~ J_ ` I OFFICE OF THE SECI~ETARY OF STATE 

## EFFECTIVE DATE'

. -_~.__ ....~-. JUN ~+ 4 2d09 T7M AINEDRAFT DRAFT CHAP125 (Perc Dry Cleaners) 2009 revis 1 .DOC 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION DRAFT

CHAPTER 125: PERCHLOROETHYLENE DRY CLEANER REGULAT10N SUMMARY: This regulation establishes the control technology required for all dry cleaners which are area sources ofperchloroethylene in the State of Maine. 1 . Scope and Applicability. A. General Applicability. This regulationapplies to all newand existing area ;source dry cleaners that use perchloroethvlene in the State of Maine upon the effective date ofthe regulation unless otherwise specified in the regulation. B . Applicability Categories (1) Area sources dry cleaners are those sources with a twelve-month rolling total consumption of perchloroethylene of 2100 gallons or less. (2) Major sources dry cleaners ^f = pereWe-e°tk""le e are those sources with a twelvemonth rolling total consumption of perchloroethylene greater than 2100 gallons. ajor sources of perchloroethylene must comply with 

### 40C .F.R. Part 63, Subpart M

. (3) Co-located dry cleaners are those sources that meet the definition ofco-located in subsection 2(C) of this Chapter. 2. Definitions. For the purposes ofthis chapter, the following defi nitions apply: A . Calendar Year. "Calendar year" means a 12-month period starting January 1 and ending December 31 of each year. B . Carbon Adsorber . "Carbon adsorber" means a device containing carbon as an adsorbent material used for the removal of perchloroethylene, an inlet and outlet for exhaust gases; and a systemto regenerate or replace the saturated adsorbent . C . Co-located. "Co-located" means a dry cleaner located in a building with a residence or witha day care center, a health care facility, a prison, an elementary school a middle or hijzh school, a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly. Q .D . Colorimetric detector tube. "Colorimetric detector tube" means a glass tube (sealed prior to use), containing material impregnated with a chemical that is! sensitive to perchloroethylene and is designed to measure the concentration of perchloroethylene in air.06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

DRAFT DRAFT DRAFT D- .E. Condenser . "Condenser" means a recovery device that removes condensable vapors by a reduction in the temperature of the captured gases. Asurface condenser affects condensation by indirect contact between the coolant and process gas stream, through use of a refrigerated condenser coil which contains coolant . F. 'Construction. "Construction" means the fabrication (onsite), erection, or installation of a perchloroethylene dry cleaning system . FnG . Control device. "Control device" means equipment (e.g. carbon adsorber, refrigerated condenser) used to reduce the amount of air pollutant(s) in anair stream ' prior to discharge to the ambient air. F- .A . Desorption. "Desorption" means regeneration of a carbon adsorber by removal of the perchloroethylene adsorbed on the carbon. & :1. Divertervalve. "Diverter valve" means a flowcontrol device that prevents room air frompassing througha refrigerated condenser when the door of the drycleaning machine is open. jEJ. Dry cleaner. "Dry cleaner" means a facility engaged in the cleaning of garments in perchloroethylene by means of one or more washes in the solvent, ' extraction of the solvent by spinning, and drying by tumbling in an air stream . The facility includes, but is not limited to any washer, dryer, emission control device(s), exhaust dampers, diverter valves, filter purification system, waste disposal system, stills, holding tank, muckcooker, water separators, filters, solvent containers, pump and attendant piping, hoses, ducts and valves. ~K . Dry-cleaning drum . "Dry-cleaning drum" means the perforated container inside the dry-cleaning machine that holds the articles during dry-cleaning. L Dry cleaning system . "Dry cleaniniz system" means a dry cleaning machine and its ancillary equipment. J .-M . Dryer . "Dryer" means a machine used to remove perchloroethylene from articles by tumbling themin a heated air stream . # :h1 . Dry-to-dry machine. "Dry-to-dry machine" means a one-machine dry cleaning operation in which washing and drying are performed in the same machine. O . Exhaust damper. "Exhaust damper" means a flowcontrol device that prevents the air-perchloroethylene gas-vapor streamfromexiting the dry-cleaning machine into a carbon adsorber before room air is drawn into the dry-cleaning machine. A4- .P. Filter. "Filter" means a porous device through which perchloroethylene is passed to remove contaminants in suspension. Examples include, but are not limited to, lint filter (button trap), cartridge filter, tubular filter, regenerative filter, prefilter, polishing filter, and spin disc filter. 

### Chapter 12506-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

DRAFT DRAFT -_- _ DRAFT # :Q . Garment . "Garment" means any article placed in the washer for purposes of cleaning that article. R . Halogenated hydrocarbon detector. "Halogenated hydrocarbon detectorl' means a portable device capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume and indicating a concentration of25parts per m~llion by volume or greater by emitting an audible orvisual signal that varies as the 

### concentrationchan es. 4D- .S. Heating coil . "Heatingcoil" means the device used toheat the air stream circulated from

the dry cleaning machine drum, after perchloroethylene has been condensed fromthe air streamand before the streamre-enters the dry cleaning machine drum

. gT. Major Source. AJ"mMajor source" means a source whoseteta.l-twelve-month rolling total consumption of perchloroethylene exceeds 2100 gallons. ` .8-U. Muck cooker . "Muck cooker" means a device for heating perchloroethyleneladen waste material to volatilize and recover perchloroethylene.

U- .V. Perchloroethylene or perc or tetrachloroethylene or PCE. ' «~' ~, -Perchloroethylene,~ or « .perc or «tetrachloroethylene~, or «PCE» - i&-means a colorless volatile chlorinated hydrocarbon with a chemical formula Of C 2

_ 1 and a CAS (C hemical Abstract System) Re~istry number of 127-18-4., '.

_T_ .W . Perchloroethylene consumption. "'-'Perchloroethylene consumption"'-' means the twelve-month rolling total volume (sum) ofperchloroethylene purchased based upon monthly purchase receipts or other reliable measures. perchloroethylene consumption U- .X. Perchloroethylene Consumption Limit. The-"P limit" is- means the-a dry-cleanerf4eility's highest twelve-month rolling total ' perchloroethylene consumption as calculated according to subsection 5(A)(2) . Y. Perchloroethylene gas analyzer or PCE 2as analyzer. "Perchloroethylene kas analyzer" or "PCE gas analyzer" means a flame ionization detector, photoionl~zation detector, or infrared analyzer capable ofdetecting vapor concentrations of perchloroethylene of25 parts per million byvolume. 

### Chapter 12506-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

DRAFT DRAFT DRAFT

V-Z. Reclaimer . "Reclaimer" means a machine used to remove perchloroethylene from articles by tumbling themin a heated air stream . W- .AA. Refrigerated condenser coil . "Refrigerated condenser coil" means the coil containing the chilled liquid used to cool and condense the perchloroethylene. BB . Residence. "Residence" means any dwelling or housing inwhich people reside. X :CC . Sensory Inspection. "Sensory Inspection" means an inspection using the human sensory system to detect evidence of a leak, including looking for visible signs of a leak, feeling for airvapor leaking froma machine, or detecting the smell of perchloroethylene gas. -Y-.DD . Still . "Still" means any device used to volatilize and recover perchloroethylene fromcontaminated perchloroethylene. ZEE. Temperature sensor. "Temperature sensor" means a thermometer or thermocouple used to measure temperature. A4 :FF. Twelve-month Rolling Total . z4-"tTwelve-month rolling total" means the total perchloroethylene consumed during any consecutive 12-month period. Bg:GG . Totally enclosed refrigerated condenser. "Totally enclosed refrigerated condenser" means a vapor recovery systeminto which an air-perchloroethylene gasvapor streamis routed and the perchloroethylene is condensed by cooling the gasvapor stream

. The refrigerated condenser is integrated into the dry cleaning machine. The two are a single unit . HH . Vapor leak. "Vapor leak" means a perchloroethylene vapor concentration exceeding 25 parts per million b volume 50 parts per million by volume as methane) as indicated by a haloQenatedhydrocarbon detector or perchloroethy_lene -gas analyzer . C-QII . Washer . "Washer" means a machine used to clean articles by immersing them in perchloroethylene. $DJJ . Water separator. "Water separator" means any device used to recover perchloroethylene froma water-perchloroethylene mixture. 3. Emission Limitations and Performance Standard Requirements. A . Requirements for co-located dry cleaners.

Chapter 125 406-096 4 DEPARTMENT OF ENVIRONMENTAL PROTECTION

DRAFT DRAFT DRAFT (1) Beginning on the effective date of the 2009 amendments to this regulation no new or relocated perchloroethylene dry cleaning machine may be installed in a co-located f_acility. (2) Any new

or relocated dry cleaning machines located in a building with a residence which commenced construction on or after December 21, 2005 must complywith 40 C .F.R. Part 63.320(b)(2)(ii) . (3)After December 21, 2020, all co-located dry cleaners must completely eliminate perchloroethylene use and remove all perchloroethylene dry cleaning equipment from the building. Q .B. Control Technology Requirements for New -Sources Installed after June 2, 1991 . (1) Aary-All dry cleaning machines installed after June 2, 1991, must be equipped witha totally enclosed refrigerated condenser systemwith a diverter valvewhich does not allowventing to the atmosphere while the drumis rotating, and complywith the Compliance Methods and Monitoring Requirements fequir-emeatfr-in subsection 4(BG) of this Chapter 

### (2) Ai+),All dry cleaning machine(s) installed after amendment (February 12, 19973, afe-r-eqir-edtemust install a closed loop refrigerated condenser systemwith a small carbon adsorber and a door fan that draws air into the drum to collect any fugitive emissions that may result when the door is opened and shall be in compliance with the Compliance Methods and Monitoring Requirements in sub£section 4(GB) of this Chapter -Ee~se C-B :--Control Technology Requirements for Existing Sources Installed on or before June 2, 1991 . All dry cleaning machines installed on or before the effeetive date E)

' , June 2, 1991 must be equipped with one ofthe following control devices on or before October 1, 1991 . (1) OptionA, Carbon Adsorber System (a) Acarbon adsorber which reduces perchloroethylene emissions to no more than 50 parts per million by volume (ppmv) before dilution. The carbon adsorber shall not be bypassed at any time allowing perchloroethylene to be vented directly to the atmosphere. The carbon adsorber shall be monitored in accordance with Section 4(A) and desorbed in accordancewith the manufacturer's instructions. (b) All exhaust fromthewasher, dryer, filter purification system, holding "tanks" and attendant piping and valves must be routed through the carbon adsorber; Chapter 125 506-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

DRAFT DRAFT DRAFT

(i) The carbon adsorber shall be operated at an air flow capacity at least equal to the unrestricted total exhaust gas flowrate of the dry cleaning machines . (ii) A minimum

air velocity of 100feet per minute shall be maintained through all machine door and exhaust hood openings. (c) Any dry cleaner which uses a carbon adsorber to comply with this Section must regenerate the carbon bed at least once per unit of garments cleaned. A unit of garments is based on a ratio ofthe weight ofthe carbon bed compared to the amount of garments cleaned. The formula used for determining a unit of garments is 2.83 lbs. of garments per pound of carbon (see NOTE below) . (i) The 50 ppmv- emission limit from the carbon adsorber must be met regardless of the regeneration requirements of this Section (ii) The carbon adsorber must not be bypassed to the atmosphere during regeneration. NOTE: (For Example) If a facility has a 60 lb. carbon bed it is permitted to clean 170 lbs. of garments before regeneration of the carbon bed must take place; or Iif a facility has a 3001b. carbon bed, it is permitted to clean 8501bs. of garments before regeneration of the carbon bed must take place.

(2) Option B, Refrigerated Condenser System . LaLA refrigerated condenser systemmust be installed on a dry-to-dry machine and reclaimer, provided that the dryer/condenser systemis closed to the atmosphere except when articles are being loaded or unloaded at which time a door fan is activated that draws air into the dryer. jb)_Adiverter valve whichdoes not allow venting to the atmosphere while the drum is rotating must be used to prevent air drawn into the dry cleaning machine when the machine door is opened frompassing through the refrigerated condenser. Lc~_The temperature at the dryer/condenser outlet must be less than or equal to 45°F. This condenser shall be monitored in accordance with section 4(BG)

. (3}-All dry cleaning systems installed after December 21, 2005 must route the airperchloroethylene gas-vapor streamfrominside the dry cleaning machine drumthrough a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened.



### Chapter 12506-096 ' DEPARTMENT OF ENVIRONMENTAL PROTECTION

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(3) Option C, Other Devices Approved by the Department and EPA . Any other equally effective control device as approved by the Commissioner of the Department and EPA, pursuant to 40 CFR 63.325. {412' The installation and use of any other type ofperchloroethylene dry cleaning machine, including transfer machines, is strictly prohibited. E. General Maintenance Performance Standard Requirements. All new and existing dry cleaners shall comply with the following requirements: (1)



### (3) Filtration cartridges must be drained in the filter housing for at least 24 hours or as approved by the Commissioner of the Department and EPA . When any filtration cartridge is removed fromthe filter housing, it must be placed in a sealed container which does not allow the solvent in the filter to be emitted to the atmosphere, and must be disposed in accordance with state and federal requirements;.: (2) All perchloroethylene and perchloroethylene containing waste must be stored in tightly sealed containers so that noperchloroethylene is emitted to the atmosphere; afid All facilities must maintain the systemas to prevent the leaking of perchloroethylene liquid, and prevent pefeeptible-perchloroethylene vapor losses greater than 25 ppm

from gaskets, seals, ducts, and related equipment . (a) Except as provided in subsection 3(E)(3)(c) of this Chapter, Aall ~ leaks ofperchloroethylene liquid or vapor must be repaired within 24 hours of detection. Except as provided in subsection 3(E)(3)(c) of this Chapter, lif temperature, concentration of perchloroethylene, or other parameters required to be monitored insSection 4 of this Chapter do not meet the values or conditions specified, adjustments or repairs must be madewithin 24 hours of detection. (c) If repair parts are not available at the facility, the parts must be ordered; within 2-two

(5) working days of detectionng-suelralealE. Such repair parts elal-l-must be installed as soon as possible but no later than fiveworking days after receipti . (d) Equipment with a leak that has not been repaired by the end of the fifteenth working day after detection must not be operated until the leak is repaired; (4) The owner or operator shall close the door of each dry cleaning machine immediately after transferring garments to or fromthe machine, and shall keep the door closed at all other times;,: The owner or operator of each dry cleaning system shall operate and maintain the systemin accordance with the manufacturer's specifications and recommendations, : and 

### Chapter 12506-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

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(6) The owner or operator must develop and implement awritten startup, shutdown and malfunction plan that describes, in detail, procedures for operating and maintaining the source during periods of startup, shutdown and malfunction; a programof corrective action for malfunctioning process; and air pollution control and monitoring equipment used to comply with the standard. 4. Compliance Methods and Monitoring Requirements. A . Carbon Adsorber Systems. Compliance with the emission limit in Section 3(E~C)(1) shall be determined by a weekly monitoring test and a sensory inspection and any other evidence demonstrating that the carbon adsorber has been properly installed, operated and maintained. 

### (1) The owner/operator of any source using a carbon adsorber to complywith section 3(E~C) shall measure the exhaust ofthe carbon adsorberweekly with a colorimetric detector tube. This must be done while the dry cleaning machine is venting to the carbon adsorber at the end of the last dry cleaning cycle before desorption of the carbon adsorber. The colorimetric tube must be designed to measure 10-500 ppmv of perchloroethylene with an accuracy of f 5 ppmv, and must be used according to the manufacturer's instructions . (2) The sampling port for monitoring within the exhaust outlet of the carbon adsorber should be easily accessible and located at least 8 stack or duct diameters downstreamfromany flowdisturbance such as a bend, expansion, contraction, or outlet ; downstreamfromno other inlet; and 2 stack or duct diameters fromany flow disturbance such as a bend, expansion, contraction, inlet or outlet .

B . Refrigerated Condenser Systems . The owner/operator of any major or area source using a refrigerated condenser to comply with the Control Technology Requirements in section 3(AR) or 3(C) of this Chapter must either: M_kka4-measure the temperature on the outlet side of the condenser. This temperature must be recorded weekly, and the temperature sensor shall be used in accordance with the manufacturer'-'s instructions and specifications and shall be designed to measure a temperature of 45°F (7.2°C) to an accuracy of±2°F (±I . I 'C) , or (2) monitor refrigeration systemhigh pressure and low pressure and record the pressure readings weeklyk .C. Sen*ofzy-SystemInspection ofAll Unit Types. Compliance with the General Maintenance and Performance Standard Requirements subsection (3)(E)(3), shall be determined by the following means: 

### Chapter 12506-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

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weekly sensory inspection, while systemis operating ifpracticable, of dry cleaning machine parts including, but not limited to, the following components : La)_ --k1-}- Hose and pipe connections, fittings, couplings and valves ; LbL-{2-}- Machine door gaskets, and seatings; LcL-+-I}- Filter head gaskets and seatings; d_--{4}-Pumps; e_ -{34- Solvent tanks and storage containers; 

### (f) Water separators; ----(7)- Muck cookers ; ~-(-~}-Stills; LiL-{9)- Diverter valves; fjL --(1-9)- Saturated lint fromlint basket; ~U--(pl-}- Exhaust dampers; 

### +''" 4a#^a^°- All filters housings; and (m) (1-3)-All other equipment and control devices associated with a dry cleaning machine; and- (2) Analyzer Inspection. Beginning on the effective date of the 2009 amendments to this Chapter, the owner or operator ofa dry cleaner shall inspect the components identified in subsection 4(C)(1) of this Chapter for vapor leaks weekly while the component is in operation using a halogenated hydrocarbon detector or perchloroethylene as analyzer that is operated according to manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery

.



### Chapter 12506-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

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5. Recordkeeping Requirements. A. ; All dry cleaning facilities must keep a copy of the design specifications and operating manual for each dry cleaning machine and control equipment on-site; and keep receipts of perchloroethylene purchases and record in a log the following: (1) The volume of perchloroethylene purchased each month. This number represents the perchloroethylene purchases for a given month. (2) The calculated value ofthe twelve-month rolling total perchloroethylene consumption limit. To calculate the twelve-month rolling total perchloroethylene consumption limit, the owner/operator shall performthe following calculations on the first day of every month: (a) Sum

up the volume of perchloroethylene purchases made in each of the previous 12 months, as recorded in the log. (b) If no perchloroethylene purchases were made in a given month, then the perchloroethylene consumption for that month is zero gallons. (c) The highest twelve-month rolling total is the facility's perchloroethylene `-`consumption limit.'-'

- (3) The dates that the systemwas inspected for pereeptible-leaks in compliancewith subsection 4(C) of this Chapter, and the name and location of any parts where detectable leaks were found. i (4) The dates of repair and records ofwritten or verbal orders for repair parts to ; demonstrate compliance with subsection 3(GE)(3) ofthis Chapter. (5) The date and temperature monitoring results; for compliance with subsection 3"B`~~"^^d-^ r (GB_) of this Chapter. (6) The date and colorimetric detector tube monitoring results, if a carbon adsorber is used for compliance with section 3(B)(1) and 4(A) . (4-8)The log, perchloroethylene receipts, all manufacturer design specifications and operation manuals for each machine and control device located at the facility must be maintained on site for at least five 5)years and must be made available to the ' Department upon request . An owner that operates more than one dry cleaner may store records older than one year from all facilities at one dry cleaner location or at a centralized office. 

### Chapter 125 1006-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

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6. Registration Requirements. A . The owners or operators of all dry cleaners shall register with the Department annually. B . Registration shall be on a form prescribed by the Department and shall include but is not limited to the following information: 1~_Name of facility and the name of the owner or operator who is responsible; (2) Facility address and telephone; (3) Whether the dry cleaner is located in a buildingwith a residence (even ifthe residence is vacant at the time of this notification), or with a day care center, a health care facility, a prison, an elementary school, a middle or high school a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly. (4) Type of control technology or technologies in use; (5) Number and type of dry cleaning machines, and when they were installed; (9(6) The total perchloroethylene consumption for each of the previous twelve months as required under S subsection 5(A)(2) ofthis Chapter; gIL7aAcertification of the source applicability category, i .e. whether a facility is a major source or an area source; and {9}(8) An estimate ofthe waste that was shipped off-site. C . Registration is due on or before March 15for the previous calendaryear=s activities, and must be signed andverified as accurate and true by the owner or operator of the facility. D . If a source starts-up after Februar,y 12, 1997 umendtn~,and thus has not submitted a compliance certification (as required by 40 C.F.R. Section 63.324(b)~, the dry cleaner shall submit the following: (1) The yearly perchloroethylene selvent consumption limit based on the twelvemonth rolling total perchloroethylene consumption limit as specified in ' subsection 5(A) (2) of this Chapter; and (2) Whether or not they are in compliance with this rule. Chapter 125 1106-096

DRAFT DEPARTMENT OF ENVIRONMENTAL PROTECTION DRAFT DRAFT (3) This certification shall be signed and verified as true and accurate, and submitted to the Department and EPA no later than 30 days after the start-up date. AUTHORITY: EFFECTIVE DATE: 38 M .R.S.A ., Section 585-B June 2, 1991 Amended February 12, 1997 Amended: January 14, 2003 Amended:

BASIS STATEMENT Perchloroethylene causes liver cancer in animals and is a suspected human carcinogen. Dry cleaners account for over 80 percent ofall perchloroethylene emissions in Maine. Controlling dry cleaning facilities will reduce the emission of perchloroethylene to the ambient air, thus improving overall air quality and providing greater protection of public health and welfare. In addition to the above Basis Statement, the Department has filed with the Secretary of State the response to representative comments receive during the comment period.

BASIS STATEMENT FORAMENDMENT OF 1997 In 1991, the Department adopted this Chapter to control perchloroethylene emissions fromdry cleaners. In 1993, the US EPAadopted 40 C.F.R. Section 63 Subpart M (MACT) . to control emissions ;fromboth major and non-major dry cleaner sources of perchloroethylene. Thus, from 1993 to date, the dry cleaners in Maine are responsible for complying with two regulations. To the best of the Department's knowledge, Maine has no dry cleaners which are major sources of perchloroethylene. The primary purpose of the 1997 amendments is to make changes to this Chapter so that Maine may petition EPA to accept this Chapter as a substitute for the federal requirements for dry cleaners which are non-major sources ofperchloroethylene . If EPA grants Maine's request, non-major source dry cleaners in Maine using perchloroethylene will no longer be required to comply with 40 C .F.R. Part 63, Subpart M . These amendments make the original Chapter 125 equivalent to the federal MACT, so that the state can accept delegation of the MACT standard fromthe US EPA Title 30 MRSA

. Section 341-D (1-A) requires that provisions of state regulation which are more stringent than federal requirements be stayed for 60days following adoption by the Board of Environmental Protection. The following provision in Chapter 125 is more stringent than the federal regulations: Section 3.B.1 . Because staying only parts of the 1997 amendments to Chapter 125 for 60days would unnecessarily complicate the regulatory requirements for Maine's dry cleaners (most ofwhich are small businesses), the 1997 amendments to Chapter 125 will not become effective until April 15, 1997. 

### Chapter 125 1206-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION '

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BASIS STATEMENT FORAMENDMENT OF 389-22003 The Proposed amendment to the rule removes language referring to obsolete practices and equipment, combines the applicability categories of large area source and small area source into a single "area source," and corrects erroneous references within the rule. These changes clarify and streamline Chapter 125 to facilitate compliance by the regulated community. In addition to this Basis Statement, the Department has filed a supplemental basis statement with the'Secretary of State that summarizes its responses to comments received during the comment perio~.



### BASIS STATEMENT FORAMENDMEN TS OF 2009 The amendments to Chapter 125 incorporate changes to the Federal dry cleaner NESHAP (National Emission Standard for Hazardous Air Pollutants) In addition the amendments protect a broader range of potentially sensitive populations than the Federal regulation, which imposes certain restrictions on dry cleaners located in buildings with residences, by including requirements for dry cleaning facilitie5i that are located in a buildin with a day care center, a health care facility, a prison an: elementary school, a middle or high school a children's pre-school -a senior center a youth center or other facility inhabited by children or the elderly. AdditionallVthe proposed amendments increase the inspection frequency using a monitor from ; Federally reQuired monthly inspection to a weekly inspection The amendmer~ts also limit the amount of time leaking dry cleaning equipment can be operated to a maximum of fifteen days while awaiting repair parts.

Chapter 125 13