PAUL R. LEPAGE 

GOVERNOR 

March l, 2011 

Susan Lancey 

U.S . EPA New England 

5 Post Office Square 

Suite 100 (OES04-2) 

Boston, MA 02109-3912 

Dear Ms. Lancey: 

DARRYL N . BROWN 

COMMISSIONER 

I've enclosed a certified version of the Department's Chapter 125, Perchloroethylene Dry 

Cleaner Regulation per your request. If you 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 CANCO ROAD 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 of the Constitution and Laws of the State of Maine, the Department 

of the Secretary of State is the legal custodian of the Great Seal of the 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 State 
Rule-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 001 1 -?1(0 1 

AC~%i5fE_I) TFOR 

FILING 

JUN 19 2009 

SECRETARY OF STATE 

0 suspension of existing rule C repeal of rule 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 

f this 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 

T7MAINE 
DRAFT 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 of perchloroethylene in the 

State of Maine. 

1. Scope and Applicability . 

A. General Applicability. This regulation applies to all new and existing area ;source 

dry cleaners that use perchloroethvlene in the State of Maine upon the effective date 

of the 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 

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

(3) Co-located dry cleaners are those sources that meet the definition of co-located in 

subsection 2(C) of this Chapter. 

2. Definitions . For the purposes of this chapter, the following definitions 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 system to regenerate or replace the saturated adsorbent . 

C. Co-located. "Co-located" means a dry cleaner located in a building with a residence 

or with a 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. A surface 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. 

Fn G. Control device. "Control device" means equipment (e.g. carbon adsorber, 

refrigerated condenser) used to reduce the amount of air pollutant(s) in an air 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 . Diverter valve. "Diverter valve" means a flow control device that prevents 

room air from passing through a 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, muck cooker, 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 them in 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 flow control device that prevents 

the air-perchloroethylene gas-vapor stream from exiting 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 125 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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#: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 of 25 parts per m~llion by 

volume or greater by emitting an audible or visual signal that varies as the 

concentration chan es. 

4D-.S. Heating coil. "Heating coil" means the device used to heat the air stream 

circulated from the dry cleaning machine drum, after perchloroethylene has been 

condensed from the air stream and before the stream re-enters the dry cleaning 

machine drum. 

gT. Major Source. AJ"mMajor source" means a source 

whose teta.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 C2_1 and a 

CAS (Chemical Abstract System) Re~istry number of 127-18-4. , ' . 

_T_. W. Perchloroethylene consumption. "'-'Perchloroethylene consumption"'-' means 

the twelve-month rolling total volume (sum) of perchloroethylene 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 of detecting vapor concentrations of 

perchloroethylene of 25 parts per million by volume. 

Chapter 125 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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V-Z. Reclaimer . "Reclaimer" means a machine used to remove perchloroethylene from 

articles by tumbling them in 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 in which 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 air vapor leaking from a machine, or detecting the smell of 

perchloroethylene gas. 

-Y-.DD. Still . "Still" means any device used to volatilize and recover perchloroethylene 

from contaminated 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 system into which an air-perchloroethylene gasvapor stream is 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 haloQenated hy drocarbon 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 from a water-perchloroethylene mixture. 

3. Emission Limitations and Performance Standard Requirements. 

A. Requirements for co-located dry cleaners. 

Chapter 125 

4 
06-096 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 comply with 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 with a totally enclosed refrigerated condenser 

system with a diverter valve which does not allow venting to the atmosphere 

while the drum is rotating, and comply with 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 system with 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 of the following control 

devices on or before October 1, 1991 . 

(1) Option A, Carbon Adsorber System 

(a) A carbon 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 accordance with the 

manufacturer's instructions. 

(b) All exhaust from the washer, dryer, filter purification system, holding "tanks" 

and attendant piping and valves must be routed through the carbon adsorber; 

Chapter 125 

5 
06-096 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 flow rate of the dry cleaning 

machines . 

(ii) A minimum air velocity of 100 feet 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 of the weight of the 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 system must be installed on a dry-to-dry machine 

and reclaimer, provided that the dryer/condenser system is 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)_A diverter valve which does 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 from passing 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 stream from inside the dry cleaning machine 

drum through a non-vented carbon adsorber or equivalent control device 

immediately before the door of the dry cleaning machine is opened . 

Chapter 125 
06-096 ' DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DRAFT DRAFT DRAFT 

(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 of perchloroethylene 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 from the 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 no perchloroethylene is emitted to the 

atmosphere; afid 

All facilities must maintain the system as 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 

leaks of 

as 

perchloroethylene 

provided in subsection 

liquid 

3(E)(3)(c) 

or vapor must 

of this 

be repaired 

Chapter, 

within 

Aall ~ 

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 in sSection 4 of this Chapter do not meet the values or conditions 

specified, adjustments or repairs must be made within 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 five working 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 from the 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 

system in accordance with the manufacturer's specifications and 

recommendations, : and 

Chapter 125 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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(6) The owner or operator must develop and implement a written startup, shutdown 

and malfunction plan that describes, in detail, procedures for operating and 

maintaining the source during periods of startup, shutdown and malfunction ; a 

program of 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 comply with section 

3(E~C) shall measure the exhaust of the carbon adsorber weekly 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 

downstream from any flow disturbance such as a bend, expansion, contraction, or 

outlet ; downstream from no other inlet; and 2 stack or duct diameters from any 

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 system high pressure and low pressure and record the 

pressure readings weeklyk.C. Sen*ofzy-System Inspection of All Unit Types. Compliance with the General 

Maintenance and Performance Standard Requirements subsection (3)(E)(3), shall be 

determined by the following means: 

Chapter 125 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DRAFT DRAFT DRAFT 

weekly sensory inspection, while system is operating if practicable, 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 from lint 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 of a 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 125 
06-096 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 of the twelve-month rolling total perchloroethylene 

consumption limit. To calculate the twelve-month rolling total perchloroethylene 

consumption limit, the owner/operator shall perform the 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 system was inspected for pereeptible-leaks in compliance with 

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 of written or verbal orders for repair parts to 

; demonstrate compliance with subsection 3(GE)(3) of this 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 

10 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DRAFT DRAFT ' DRAFT 

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 building with a residence (even if the 

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 Ssubsection 5(A)(2) of this Chapter; 

gIL7aA certification of the source applicability category, i .e . whether a facility is a 

major source or an area source; and 

{9}(8) An estimate of the waste that was shipped off-site. 

C. Registration is due on or before March 15 for the previous calendar year=s activities, 

and must be signed and verified 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 

11 
06-096 

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 of all 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 FOR AMENDMENT OF 1997 

In 1991, the Department adopted this Chapter to control perchloroethylene emissions from dry 

cleaners . In 1993, the US EPA adopted 40 C.F.R. Section 63 Subpart M (MACT). to control 

emissions ;from both 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 of perchloroethylene . 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 from the 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 60 days 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 60 days would unnecessarily complicate the regulatory requirements for Maine's 

dry cleaners (most of which are small businesses), the 1997 amendments to Chapter 125 will not 

become effective until April 15, 1997. 

Chapter 125 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION ' 

DRAFT DRAFT DRAFT 

BASIS STATEMENT FOR AMENDMENT 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 FOR AMENDMENTS 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 

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