Air Resources Board 

Mary D. Nichols, Chairman 

Linda S. Adams 1001 1 Street P.O. Box 2815 Arnold Schwarzenegger 

Secretary for Sacramento, California 95812 www.arb.ca.gov Governor 

Environmental Protection 

July 15, 2009 

Ms. Laura Yoshii 

Acting Regional Administrator 

U. S. Environmental Protection Agency 

Region 9 

75 Hawthorne Street 

San Francisco, California 941 05 

Dear Ms. Yoshii: 

The Air Resources Board (ARB) submits the enclosed application for delegation to 

implement and enforce the ARB's 2007 Airborne Toxic Control Measure for Emissions 

of Perchloroethylene (Perc) Associated with Dry Cleaning Operations and 

Requirements for Perc Manufacturers and Distributors (Dry Cleaning ATCM) in lieu of 

the 2007 National Emission Standards for Hazardous Air Pollutants for Perc Dry 

Cleaning Facilities (Dry Cleaning NESHAP) for area source dry cleaning operations. 

Because of recent amendments to both the Dry Cleaning NESHAP and the 

Dry Cleaning ATCM, ARB has revised California's equivalency demonstration. 

Accordingly, ARB submits the application pursuant to the provisions in the Code of 

Federal Regulations (CFR), title 40, Part 63, Subpart E, section 63.93-Rule Substitution, 

on behalf of the air pollution control and air quality management districts (districts) in 

California that will implement and enforce the Dry Cleaning ATCM. 

In 1996, ARB's initial application for rule substitution and delegation for ARB's 1993 

Dry Cleaning ATCM was approved by the U.S. Environmental Protection Agency 

(U.S. EPA) as equivalent to the 1993 Dry Cleaning NESHAP. Similar to the previous 

application for the 1993 Dry Cleaning ATCM, ARB is requesting delegation to substitute 

the amended Dry Cleaning ATCM for those provisions of the Dry Cleaning NESHAP . 

that apply to area source dry cleaning facilities. ARB is not requesting delegation to 

substitute the provisions of the Dry Cleaning NESHAP for major source facilities or to 

substitute the definitions of major and area source facilities. Major source facilities in 

California would remain under the federal title V program, though, at present, there are 

no major source facilities in California. The Dry Cleaning NESHAP definitions of major 

and area source facilities would also remain applicable in California. 

ARB affirms that the application clearly demonstrates that for every dry cleaning facility 

in California the Dry Cleaning ATCM, in conjunction with the Environmental Training 

Program for Dry Cleaners (California Code of Regulations, title 17, sections 931 09 and 

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. 

For a list of simple ways you can reduce demand and cut your energy costs, see our website: htt~://www.arb.ca.qov. 

California Environmental Protection Agency 

Printed on Recvcled Paaer 
Ms. Laura Yoshii 

July 15, 2009 

Page 2 

931 10) and other California-specific program and regulations, will result in greater 

emission reductions than the Dry Cleaning NESHAP. California's Dry Cleaning ATCM 

is designed to phase out the use of Perc in dry cleaning as well as ensure proper 

operation of Perc dry cleaning machines until the machines are phased out by removal 

from service through three essential elements working in concert. These elements are: 

1) prohibition of the installation of new Perc machines and the gradual prohibition of 

existing Perc machines and associated equipment through the equipment's required 

removal from service, 2) enhanced operation and maintenance requirements for 

existing Perc machines, and 3) continued recordkeeping, reporting, and environmental 

training requirements. 

We are submitting this application on behalf of the districts in California that are 

implementing and enforcing the Dry Cleaning ATCM. Section 39666 of the California 

Health and Safety Code allows the districts to directly implement and enforce ATCMs 

that the ARB has approved. However, the districts can also adopt their own regulation 

provided that it is at least as stringent as the ARB adopted regulation. The districts that 

adopt their own dry cleaning regulations will be applying separately to the U.S. EPA for 

approval, although ARB expects the districts to use relevant parts ARB'S application in 

support of their submittal. 

For your review, the application is enclosed. The application follows the format of the 

previously approved application and the guidance contained in the Technical Assistance 

Document for the Submission of StateILocalTTribal Requests for Delegation and 

Approval of Alternatives to section 112 Rules, Programs, or Requirements. There are 

two sections to the application. Section I contains the demonstration of the adequacy of 

legal authority and resources for section 112 programs and rules except section 112(r). 

California has not resubmitted the application's section I since EPA's earlier approval for 

section I of the initial equivalency application remains in place with the exception of an 

update to section I, Attachment 2. (See Federal Register, Volume 61, page 25397 for 

the approval's applicability to future delegation requests.) The approved initial 

equivalency application, section I, Attachment 2 contained a copy of the California 

Health and Safety Code statutes entitled California Air Pollution Control Laws, 1995 

Edition. Included with the application is the 2009 edition of the same in place of the 

older version. Section II specifically addresses the request for delegation of the 

Dry Cleaning ATCM. 
Ms. Laura Yoshii 

July 15, 2009 

Page 3 

I wish to acknowledge with sincere appreciation, the efforts that you and your staff have 

made to address and resolve issues as they have occurred during ARB staffs 

preparation of California's equivalency application. If you have any questions, please 

call me at (916) 445-4383 or have your staff contact Mr. Dan Donohoue, Chief, 

Emissions Assessment Branch, Stationary Source Division, at (916) 322-6023 or by 

email at ddonohou@arb.ca.gov. 

I 0 I~xecutive 

FY ames Id& 

Officer 

@ tend ILL=- 

V Enclosures 

cc: Mr. Dan Donohoue, Chief 

Emissions Assessment Branch 

Stationary Source Division 
California Environmental Agency 

Air Resources Board 

I001 1 Street 

Sacramento, California 9581 4 

Application to the United States 

Environmental Protection Agency 

for Delegation of the 

Airborne Toxic Control Measure for 

Perchloroethylene Dry Cleaning and 

Water-Repelling Operations and Other Provisions 

Report Prepared By: 

Ms. Mei Fong 

Emissions Evaluation Section 

With the Assistance of: 

Ms. Sonia Villalobos 

Emissions Evaluation Section 

Ms. Diane Moritz Johnston 

Office of Legdl Affairs 

Reviewed and Approved By: 

Mr. Robert E. Fletcher, Chief, Stationary Source Division 

Mr. Daniel E. Donohoue, Chief, Emissions Assessment Branch 

Mr. Robert Krieger, Manager, Emissions Evaluation Section 
State of California 

Application to the United States 

Environmental Protection Agency for Delegation of 

the Airborne Toxic Control Measure for 

Perchloroethylene Dry Cleaning and 

Water-Repelling Operations and Other Provisions 

July 2009 

WYW Enrinomd 0g -AIR RESOURCES BOARD 
Table of Contents 

SECTION I DEMONSTRATION OF ADEQUATE LEGAL AUTHORITY AND 

RESOURCES FOR SECTION 112 PROGRAMS AND RULES EXCEPT 

SECTION 11 2(r) 

The approved (61 Fed.Reg. 25397) Section I of the initial equivalency 

application is still in place and are not included in this application with 

the exception of Section I, Attachment 2. The approved initial 

equivalency application, Section I, Attachment 2 contained a copy of the 

California Health and Safety Code statutes entitled California Air 

Pollution Control Laws, 1995 Edition which is updated to the 2009 

edition of the same. 

SECTION II CRITERIA SPECIFIC TO THE PARTIAL EQUIVALENCY 

APPLICATION FOR SUBSTITUTION OF THE 

PERCHLOROETHYLENE DRY CLEANING ATCM FOR THE 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR PERCHLOROETHYLENE DRY CLEANING 

FACILITIES 

Application for Subpart E Approval--Equivalency for Subpart M--National 

Perchloroethylene air Emission Standards for Dry Cleaning Facilities 

Part 1 : General Information 

Part 2: Criteria Common to All Options 

Part 3: Criteria Specific to Rule Substitution 

Attachment Title 

1 Narrative Description of the Dry Cleaning ATCM 

2 Final Regulation Orders: Airborne Toxic Control Measure for Emissions 

of Perchloroethylene from Dry Cleaning and Water-Repelling 

Operations, Requirements for Perc Manufacturers and Requirements for 

Perc Distributors 

3 Summary of Compliance Times for Existing and New Facilities 

4 Summary of Evaluation 

5 Rule Comparison of Dry Cleaning NESHAP and Dry Cleaning ATCM 

6 California Specific Programs and Regulations 
SECTION I 

Demonstration of Adequate Legal Authority and 

Resources for Section 1 12 Programs and Rules 

Except Section 112(r) 
SECTION I 

Demonstration of Adequate Legal Authority and Resources for Section 112 

Programs and Rules Except Section 112(r) 

The United States Environmental Protection Agency's approval of Section I of 

California's initial equivalency application is still in place and, therefore, has not been 

included in this application with the exception of Section I, Attachment 2. (See Federal 

Register, Volume 61, page 25397 for the approval's applicability to future delegation 

requests.) The approved initial equivalency application, Section I, Attachment 2, 

contained a copy of the California Health and Safety Code statutes entitled California 

Air Pollution Control Laws, 1995 Edition which is updated to the 2009 edition of the 

same. 
SECTION II 

Criteria Specific to the Partial Equivalency 

Application for Substitution of the 

Perchloroethylene Dry Cleaning ATCM for 

the National Emission Standards for 

Hazardous Air Pollutants for 

Perchloroethylene Dry Cleaning Facilities 
SECTION II 

Criteria Specific to the Partial Equivalency Application for Substitution of the 

Perchloroethylene Dry Cleaning ATCM for the National Emission Standards for 

Hazardous Air Pollutants for Perchloroethylene Dry Cleaning Facilities 

Application for Subpart E Approval 

Equivalency for Subpart M 

National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities 

TABLE OF CONTENTS 

Title Page Number 

PART 1 : GENERAL INFORMATION 

1 .I Agency Information 1-1 

1.2 Title V lnformation 

1.3 Other Section 11 2 (1) Delegations 1-1 

PART 2: CRITERIA COMMON TO ALL OPTIONS 

2.1 State Attorney General's Finding that California Has 2- 1 

Adequate Legal Authority to Implement and Enforce All 

Section 1 12 Programs and Rules Except Section 112(r) 

2.2 Copy of All State Statutes Granting Authority to Implement 2- 1 

and Enforce All Section 112 Programs and Rules Except 

Section 1 12(r) 

2.3 Demonstration of Adequate Resources to Implement and 2- 1 

Enforce All Section 1 12 Programs and Rules Except 

Section 1 12(r) 

2.3.1 Narrative Description of California's Toxic Programs 2-1 

and Perchloroethylene Dry Cleaning Rule 

2.3. I a Narrative Description of California's Program 2-1 

for the Control of Toxic Air Contaminants 

2.3.1 b Narrative Description of the Dry Cleaning 

ATCM 
SECTION II 

TABLE OF CONTENTS 

(Continue) 

Title Page Number 

2.3.2 Description of the Organization and Structure of the 2-1 

Districts That Will Administer All Section 112 

Programs and Rules Except Section 112 (r) 

2.3.3 Description of the Agency Staff Who Will Carry Out 2-1 

All Section 112 Programs and Rules Except Section 

1 12 (r) 

2.4 Demonstration of Expeditious Implementation of the 

Dry Cleaning ATCM 

2.5 Compliance PlanJProgram 2-1 

PART 3: CRITERIA SPECIFIC TO RULE SUBSTITUTION 

3.1 Introduction 

3.2 Applicability 

3.3 Levels of Control 

3.3.1 Prohibition of Perc Machines 

3.3.2 Perc Machine Requirements 

3.3.3 Training Requirements 

3.3.4 Good Operating Practices 

3.4 Compliance Schedule 

3.4.1 Perc Machine Phase Out Schedule 

3.4.2 Reporting and Recordkeeping 

3.4.3 Operation and Maintenance 

3.4.4 Control Equipment Requirements 
SECTION II 

TABLE OF CONTENTS 

(Continue) 

Title Page Number 

3.5 Compliance and Enforcement Measures 3-9 

3.6 Conclusion 3-9 

Attachment 1 Narrative Description of the Dry Cleaning ATCM II 1-1 

Attachment 2 Final Regulation Orders: Airborne Toxic Control 11 2-1 

Measure for Emissions of Perchloroethylene from 

Dry Cleaning and Water-Repelling Operations, 

Requirements for Perc Manufacturers and 

Requirements for Perc Distributors 

Attachment 3 Summary of Compliance Times for Existing and 

New Facilities 

Attachment 4 Summary of Evaluation 

Attachment 5 Rule Comparison of Dry Cleaning NESHAP and 

Dry Cleaning ATCM 

Attachment 6 California Specific Programs and Regulations 
APPLICATION FOR SUBPART E APPROVAL 

EQUIVALENCY FOR SUBPART M 

NATIONAL PERCHLOROETHYLENE AIR EMISSION STANDARDS 

FOR DRY CLEANING FACILITIES 

§§63.320--63.325 

PART 1. GENERAL INFORMATION 

1 .I Agency Information 

California Environmental Protection Agency 

Air Resources Board 

P.O. Box 2815 

Sacramento, California 9581 2 

Contact: Mr. Daniel E. Donohoue, Chief 

Emissions Assessment Branch 

(9 1 6) 322-8277 

(91 6) 327-6251 fax 

1.2 Title V Information 

There are no Title V dry clearring facilities in California. 

1.3 Delegation Option 

Rule Substitution (§ 63.93) 

In 1996, the United States Environmental Protection Agency (U.S. EPA) 

approved the 1993 California Airborne Toxic Control Measure for Emissions of 

Perchloroethylene from Dry Cleaning Operations (Dry Cleaning ATCM) to be 

implemented and enforced in place of the 1993 National Emission Standards for 

Hazardous Air Pollutants for Perchloroethylene Dry Cleanivg Facilities (Dry 

Cleaning NESHAP) for area sources. The approved application had two sections: 

Section I contained the staffs demonstration of adequate legal authority and 

resources for Clean Air Act section 112 programs and rules except section 112(r); 

and, Section II contained the criteria specific to the equivalency application. 

Subsequently, both the Dry Cleaning NESHAP and the Dry Cleaning ATCM were 

amended in 2006 and in 2007, respectively, with both regulations becoming more 

stringent. As the requirements in Section I have been fulfilled and approved (see 

Federal Register, Volume 61, page 25397 for the approval's applicability to future 

delegation requests), this equivalency application includes only an update of 

Section I, Attachment 2 and a revised Section II. The approved initial 

equivalency application, Section I, Attachment 2 contained a copy of the 

California Health and Safety Code statutes entitled California Air Pollution 

Control Laws, 1993 Edition. Included with this application is the 2009 edition of 
the same in place of the older version. Similar to the previously approved 

application, the California Air Resources Board (ARB or Board) is applying to 

substitute all provisions of the Dry Cleaning ATCM for the Dry Cleaning NESHAP, 

except for the specific provisions listed below. 

Specifically, ARB is not applying for delegation of the following Dry Cleaning 

NESHAP provisions for major source dry cleaning facilities and the definitions for 

major source and area sources (large and small). Consequently, these 

provisions would remain in effect and apply only to the affected sources. The 

provisions which are not affected by the requested rule substitution are: 

1. §§63.320(g), (h), and (i ) - Applicability of the Dry Cleaning NESHAP to 

major source and area source facilities; 

2. S63.321- Definitions: Area source, 

Colorimetric detector tube, 

Major source, and 

Room enclosure; 

3. §§63.322(a)(3), (b)(3), and (h) - Requirements for major sources; 

4. §§63.324(a)(6) and (d)(6) - Reporting and recordkeeping' requirements for 

major sources; and 

5. §63.324(c) - Notification of an area source becoming a major source. 
APPLICATION FOR SUBPART E APPROVAL 

COMMON CRITERIA (5 63.91) 

PART 2. CRITERIA COMMON TO ALL OPTIONS 

2.1 State Attorney General's Findings that California Has Adequate Legal Authority 

to Implement and Enforce All Section 112 Programs and Rules Except 

Section 1 12(r). [§63.91 (d)(3)(i)] The approved (61 .Fed.Reg. 25397) initial 

equivalency application, Section I, Attachment 1 is still in place. 

2.2 Copy of All State Statutes Granting Authority to Implement and Enforce All 

Section 112 Programs and Rules Except Section 112(r). [§63.91(d)(3)(ii)] The 

approved (61 Fed.Reg. 25397) initial equivalency application, Section I, 

Attachment 2, which contained a copy of the California Health and Safety Code 

statutes entitled California Air Pollution Control Laws, 1995 Edition, has been 

updated to the 2009 edition of the same. 

2.3 Demonstration of Adequate ~esources to Implement and Enforce All Section 112 

Programs and Rules Except Section 1 12(r). [§63.91 (d)(3)(iii)] 

2.3.1 Narrative Descriptions of California Toxic Programs and 

Perchloroethylene Dry Cleaning Rule: 

2.3.1 a Narrative Description of California's Program for the Control of 

Toxic Air Contaminants: The approved (61 Fed.Reg. 25397) initial 

equivalency application, Section I, Attachment 3 is still in place. 

2.3.1 b Narrative Description of the Dry Cleaning ATCM: Section II, 

Attachment 1. 

2.3.2 Description of the Organization and Structure of the Districts That Will 

Administer All Section 11 2 Programs and Rules Except Section 1 12(r): 

the approved (61 Fed. Reg. 25397) initial equivalency application, 

Section I, Attachment 4 is still in place. 

2.3.3 Description of the Agency Staff Who Will Carry Out All Section 112 

Programs and Rules Except Section 1 12(r): the approved 

(61 Fed.Reg. 25397) initial equivalency application, Section I, 

Attachment 4 is still in place. 

2.4 Demonstration of Expeditious Implementation of the Dry Cleaning ATCM 

[§63.91 (d)(3)(iv)]: Section II, Attachment 3. 

2.5 Compliance PlanIProgram [§63.91 (d)(3)(v)]: the approved (61 Federal Register 

25397) initial equivalency application, Section I, Attachment 4 is still in place, and, 

Section II, Attachment 3. 
APPLICATI0.N FOR SUBPART E APPROVAL 

RULE SUBSTITUTION (5 63.93) 

PART 3. CRITERIA FOR APPROVAL - RULE SUBSTITUTION OPTION 

3.1 Introduction 

In 1993, the United States Environmental Protection Agency (U.S. EPA) adopted the 

National Emission Standards for Hazardous Air Pollutants for Perchloroethylene (Perc) 

Dry Cleaning Facilities (Dry Cleaning NESHAP). Subsequently, U.S. EPA conducted 

reviews of both the technology-based standards and the residual risk at dry cleaning 

facilities. The reviews resulted in U.S. EPA's proposal to revise the 

Dry Cleaning NESHAP on December 21,2005, and U.S. EPA's amendment of the 

Dry Cleaning NESHAP on July 27,2006. U.S. EPA subsequently further revised the 

Dry Cleaning NESHAP on Jl,~ly 11, 2008, to correct applicability cross references and to 

clarify a requirement. The revised Dry Cleaning NESHAP has specific requirements for 

major sources, area sources, and co-residential area sources. Major requirements of 

the Dry Cleaning NESHAP include the phase out of Perc use at co-residential area 

sources and in transfer machines. 

In 1993, the California Air Resources Board (ARB or Board) adopted the Airborne Toxic 

Control Measure for Emissions of Perchloroethylene from Dry Cleaning Operations 

(Dry Cleanivg ATCM). Subsequently, the ARB applied for equivalency and U.S. EPA 

approved the ARB'S request on May 21, 1996 (61 Fed.Reg. 25397). As U.S. EPA did 

with the NESHAP, ARB also conducted a review of ARB'S Dry Cleaning ATCM and 

available technologies and determined to revise the ATCM. On January 25, 2007, 

amendments to the 1993 Dry Cleaning ATCM were approved by the Board and became 

state law on December 27, 2007. The revised Dry Cleaning ATCM has specific 

requirements for co-residential facilities, existivg facilities, and new facilities. The major 

requirements of the revised Dry Cleaning ATCM include the prohibition of new Perc dry 

cleaning machines and the phase out of all existing Perc machines, with earlier phase 

out for Perc machines in existing co-residential facilities and facilities that use converted 

Perc machines. 

Because both the Dry Cleaning NESHAP and the Dry Cleaning ATCM are now more 

stringent, California is renewing its equivalency demonstration. Similar to the previous 

demonstration, ARB is applying to substitute the current Dry Cleaning ATCM for the 

current federal Dry Cleaning NESHAP as required under Subpart El section 63.93 for 

area source dry cleaning facilities. We are leaving intact the provisions of the Dry 

Cleaning NESHAP for major source facilities and the definitions of major and area 

source facilities. Major source facilities would still be covered under the federal Title V 

program. However, there are no major source facilities in California. 

For the equivalency demonstration, an evaluation of the Dry Cleaning ATCM and the 

Dry Cleaning NESHAP was made. The evaluation included a comparison of the 
requirements specific to each of the two regulations. A summary of the evaluation is 

provided in Attachment 4.. A side-by-side comparison of the requirements essential to 

the control and reduction of Perc emission contained in the Dry Cleaning NESHAP and 

the Dry Cleaning ATCM is provided in Attachment 5. We have also provided a 

summary of the relevant California-specific programs and regulations that impacts dry 

cleaning facilities in Attachment 6. The evaluation shows that the requirements of the 

Dry Cleaning ATCM are more stringent than the provisions of the Dry Cleaning 

NESHAP. California-specific programs and regulations also enhance the enforcement 

of the Dry Cleaning ATCM and provide for additional Perc emissions reductions beyond 

what is required by the Dry Cleaning ATCM. The criteria for approval listed in 

§63.93(b)(I) through §63.93(b)(4) are addressed in this subpart of the application. 

3.2 Applicability 

There are differences between the regulations in terms of applicability. The Dry 

Cleaning ATCM applies to any person who sells, distributes, installs, owns, or operates 

Perc dry cleaning equipment, and to Perc manufacturers and Perc distributors who sell 

Perc to California dry cleaners. The Dry Cleaning NESHAP applies to .the owner or 

operator of a dry cleaning facility that uses Perc and exempts coin-operated sources. 

The Dry Cleaning ATCM is more stringent in applicability because the Dry Cleaning 

ATCM does not provide for any exemptions and applies to equipment sellers, 

distributors, installers, Perc manufacturers, and Perc distributors. Because the more 

encompassing nature of the Dry Cleaning ATCM, it will enable better enforcement and 

compliance with the regulatory requirements. 

The Dry Cleaning ATCM separates the sources in three categories: existing facilities, 

new facilities, and co-residential facilities. The Dry Cleaning NESHAP separates the 

sources into four categories: major sources, co-residential area sources or 

co-residential facilities, area sources (including new and existing dry cleaning facilities), 

and coin-operated sources or coin-operated facilities, exempting this last category from 

the NESHAP's requirements. Because there are no major sources of Perc dry cleaning 

in California, ARB is not requesting delegation for major sources in this equivalency 

application. 

The federal and state regulations define new and existing facilities differently. The 

Dry Cleaning NESHAP defines new facilities as facilities that started operation on or 

after July 27, 2006; the Dry Cleaning ATCM defines new facilities as facilities that 

started operation on or after January 1, 2008. Under the Dry Cleaning NESHAP, new 

facilities have more stringent machine requirements compared to existing facilities such 

as requiring both primary and secondary control machines for new facilities. However, 

the Dry Cleaning NESHAP requirements are not more stringent than the Dry Cleaning 

ATCM requirements. Under the 1993 Dry cleaning ATCM, new facilities that started 

operation on or after April 1, 1996, were required to be equipped with machines that 

have both primary and secondary controls. In addition, under the amended 

Dry Cleaning ATCM, no new Perc facilities are allowed on or after January 1, 2008. 

Therefore, this difference in definition does not cause the Dry Cleaning ATCM to be less 
stringent but it does impact compliance dates as will be discussed in subparts 3.3 and 

3.4. 

3.3 Levels of Control 

The types of compliance and enforcement measures contained in the Dry Cleaning 

ATCM are more stringent and result in more emission reductions than the Dry Cleaning 

NESHAP. Ultimately, the Dry Cleaning ATCM eliminates virtually all Perc emissions 

from dry cleaning operations and water repelling operations by prohibiting the 

installation of Perc dry cleaning machines or water repelling equipment on or after 

January 1, 2008, and phasing out in-use Perc dry cleaning and water-repelling 

equipment. The Dry Cleaning NESHAP provisions require phase out of Perc machines 

in co-residential facilities only. Both regulations contain enhanced prescriptive 

requirements and good operating practices that all facility owners must follow while the 

Perc machines remain in use. 

The phased-out prohibition of Perc machines, types of machines being used in the 

interim, training requirements for operators of Perc niachines, and good operating 

practices for Perc machine operators all contribute to emissions reductions. Each of 

these aspects of emissions reductions provided by the two regulations will be discussed 

in turn below. 

3.3.1 Prohibition of Perc Machines 

The most effective means of emissions reductions is the prohibition of Perc machines. 

The Dry Cleaning ATCM requires a phase out of all Perc machines operating in 

California. Under the Dry Cleaning ATCM, Perc machines in co-residential facilities, 

converted Perc machines, and Perc machines that are 15 years or older are required to 

be removed from service by July 1, 2010. All remaining Perc machines must be 

removed from service upon reaching 15 years of age but no later than January 1, 2023. 

By comparison, the Dry Cleaning NESHAP will only require the phase out of the 

co-residential sources with Perc machines installed between December 21, 2005, and 

July 13, 2006, by July 29, 2009, and the rest by December 21, 2020. 

The Dry Cleaning ATCM is significantly more stringent in phasing out Perc machines 

because the Dry Cleaning ATCM phases out all Perc machines while the Dry Cleaning 

NESHAP phases out only those found in co-residential facilities. The one exception is 

for the subset of co-residential sources that started operation between 

December 21, 2005, and July 13, 2006. If there were co-residential facilities in 

California that started operation in that time frame, the Dry Cleaning ATCM would 

require their Perc machines to be replaced with non-Perc machines by July 1, 201 0, 

about one year later than July 29, 2009, as required by the Dry Cleaning NESHAP. 

However, no new co-residential facilities began operation in California after 

December 21, 2005. Therefore, the requirements of the Dry Cleaning ATCM are not 

affected. 
3.3.2 Perc Machine Requirements 

The types of machines specified in the regulations, in order of increasing emission 

reduction effectiveness, include: transfer machines, vented machines, converted 

machines (machines converted from vented to closed-loop), machines with primary 

control, and machines with both primary and secondary controls. The Dry Cleaning 

NESHAP has phased out transfer Perc machines by July 27, 2008. In addition, the Dry 

Cleaning NESHAP requires new dry cleaning facilities (facilities that started operation 

on or after July 27, 2008) to operate with machines with both primary and secondary 

controls. Other than transfer machines, all the other machine types: vented machine, 

converted machines, primary control machines, and machines with both primary and 

secondary controls, can continue to be used in existing facilities under the Dry Cleaning 

NESHAP. 

In comparison, the Dry Cleaning ATCM has been and continues to be more stringent in 

the types of Perc machines required. The 1993 Dry Cleaning ATCM phased out 

transfer and vented Perc machines. The Dry Cleaning ATCM also required facilities 

that started up operation after April 1, 1996, to use machines with both primary and 

secondary controls and all other facilities to use machines with primary control 

machines by 1998. Therefore, currently, only three machine types are in operation in 

California under the Dry Cleaning ATCM. These machine types are: converted 

machines (vented machines that have been converted to machines with primary control), 

machines with primary control, and machines with both primary and secondary controls. 

The Dry Cleaning ATCM prohibits the sale or use of new Perc machine installations 

after January 1,2008. 

3.3.3 Training Requirements 

The Dry Cleaning ATCM has retained the trainirrg requirement that was'in the initial 

ATCM and requires each Perc facility to have one or more trained operators on site 

while any Perc dry cleaning equipment is in operation. This training ensures that 

equipment operators know the requirements of the Dry Cleaning ATCM and other 

regulations that affect the dry cleaning industry, how to comply with requirements, and 

how to perform good operating practices. Learning and complying with the 

requirements will allow dry cleaners to operate their facilities more efficiently, thereby 

reducing Perc emissions to the air, with collateral benefits in reduced cost for, and 

worker exposure to, Perc. To qualify as a trained operator, a person must take and 

successfully complete an ARB approved initial training course and an ARB approved 

refresher course every three years. 

ARB approves persons or organizations to provide the training programs as authorized 

by the Environmental Training Program for Perc Dry Cleaning Operations 

(Environmental Training Program) that was adopted by the Board in 1993 (title 17, 

California Code of Regulations, section 931 10). To assist with compliance with the 

training requirements, the ARB regularly compiles a list of individuals and organizations 

authorized to conduct the training courses and lists courses that are scheduled in the 
next few months. There is no similar provision in the Dry Cleaning NESHAP. The Dry 

Cleaning ATCM is more stringent in that it provides for a training component resulting in 

better corrlpliance and an extra level of enforcement. 

3.3.4 Good Operating Practices 

Good operating practices for dry cleaning operations specified in the federal and 

California regulations include treatment of Perc wastes, routine leak checks, prompt 

leak repairs, and some proper maintenance procedures. The treatment of Perc wastes 

specified by the two regulations include: drain time for filter cartridges before being 

discarded and storage of Perc wastes in sealed containers. 

Both the Dry Cleaning ATCM and the Dry Cleaning NESHAP require draining filter 

cartridges before disposal. The Dry Cleaning NESHAP requires a 24-hour drain while 

the Dry Cleaning ATCM requires 24-hour drain for cartridge filters and a 48-hour drain 

for adsorptive cartridge filters. The Dry Cleaning ATCM also authorizes treatment in the 

sealed filter housing, a more effective technique in reducing Perc volume from cartridge 

filters, as an alternative to the drain time. Comparing the federal and California 

requirements, the longer drain time and the authorized treatment in sealed filter housing 

make the Dry Cleaning ATCM more stringent. Both regulations also have equivalent 

provisions that require storage of Perc wastes in sealed containers to reduce fugitive 

emissions. 

The required frequency of leak checks by the regulations is about the same, with the 

leak detection methods required by the Dry Cleaning ATCM being more stringent. The 

Dry Cleaning NESHAP requires either weekly or biweekly checks for perceptible leaks 

and monthly checks for leaks using a halogenated leak detector for area sources. 

Correspondingly, the Dry Cleaning ATCM requires weekly leak checks using a 

halogenated leak detector or a portable gas analyzer and annual leak checks using a 

portable detector that gives quantitative results. 

The Dry Cleaning NESHAP requires monthly leak checks using a Perc gas analyzer for 

major sources. The Dry Cleaning ATCM does not contain a similar provision. However, 

there are no major sources in California and ARB is not applying for equivalency for 

major sources. 

Upon detection of a leak, both regulations require leak repairs within a specified time 

frame. The Dry Cleaning NESHAP requires repair within 24 hours or have part(s) 

ordered within two days and subsequent repair within five days of part(s) arrival. The 

Dry Clearling ATCM is more stringent because it requires repair immediately upon 

detection or have part(s) ordered within the next business day after detection and 

installation within two days of the part(s) arrival. The Dry Cleaning ATCM requires the 

dry cleaning facility operatorlowner to keep a spare set of gaskets on site; the Dry 

Cleaning NESHAP does not have a similar provision. 
3.4 Compliance Schedule 

California Health and Safety Code section 39666(d) requires the local air districts to 

implement and enforce the ARB'S adopted ATCMs or to adopt the districts' own equally 

effective or more stringent regulations. Once an ATCM becomes effective under State 

law, the districts have 120 days to implement and enforce the ATCM or 180 days to 

adopt their own regulation. The Board adopted the amendments to the 1993 Dry 

Clearring ATCM on January 25,2007; the 2007 Dry Cleaning ATCM was effective under 

State law on December 27, 2007. Therefore, the districts must implement and enforce 

the Dry Cleaning ATCM by April 25, 2008, or adopt their own regulation by 

June 24, 2008. The first important compliance requirement contained in the Dry 

Cleaning ATCM is the prohibition of new Perc machines in dry cleaning facilities 

beginning on January 1, 2008. 

The local air districts have permit programs in place that provides for effective 

enforcement of the compliance dates specified in the Dry Cleaning ATCM. In addition, 

local air districts also have new source review regulations in place which can potentially 

further reduce the amount of Perc that maybe emitted beyond what the ATCM requires. 

All districts are currently enforcing the Dry Cleaning ATCM. 

3.4.1 Perc Machine Phase Out Schedule 

The Dry Cleaning NESHAP requires phases out of some Perc machine categories only. 

The Dry Cleaning NESHAP prohibited the use of transfer machines as of July 27, 2008. 

In addition, the Dry Cleaning NESHAP prohibited new Perc machines in co-residential 

facilities after July 27, 2008, the removal of Perc machines from co-residential facilities 

that were installed between December 21, 2005, and July 13, 2006, by July 27, 2009, 

and the complete removal of the remaining co-residential Perc machines by 

December 21, 2020. 

In comparison, the Dry Cleaning ATCM requires a phase out of all Perc'machines 

operating in California. Under the Dry Cleaning ATCM, Perc machines in co-residential 

facilities, converted ~erc machines, and Perc machines that are 15 years or older are 

required to be removed by July 1, 201 0; all remaining Perc machines must be removed 

upon reaching 15 years of age but no later than January I, 2023. Because of the age 

of Perc machines in California facilities, by July I, 2010, approximately 30 percent of 

Perc machines are expected to be removed from service and replaced with non-Perc 

dry cleaning machines and systems. 

Based on the requirements of the Dry Cleaning NESHAP and the Dry Cleaning ATCM, 

there can theoretically be a certain number of co-residential facilities that started 

operation between December 21,2005 and July 13, 2006, that would have been 

required to remove their Perc machines by July 27, 2009, under the Dry Cleaning 

NESHAP that would not be removed until June 30, 2010, under the Dry Cleaning ATCM. 

In this limited aspect, the Dry Cleaning NESHAP is more stringent than the 

Dry Cleaning ATCM. However, because the districts were aware of the Dry Cleaning 
ATCM rulemaking in progress and because of the local district New Source Review 

rules in place, no new co-residential facilities began operating during the interim period 

(December 21, 2005 through July 13, 2006) in California. 

3.4.2 Reporting and Recordkeeping 

The Dry Cleaning ATCM and the Dry Cleaning NESHAP requirements for reporting and 

recordkeeping are similar in that both regulations require annual reporting, maintaining 

manuals for machines and abatement equipment, weekly maintenance recording, and 

retaining these records for five years. However, the Dry Cleaning ATCM requirements 

are more extensive in that the Dry Cleaning ATCM requires recordkeeping and 

reporting by Perc manufacturers and Perc distributors selling Perc to California dry 

cleaners whereas the Dry Cleaning NESHAP lacks these requirements. 

There are also differences between the two regulations in regards to reporting and 

recordkeeping. The Dry Cleaning NESHAP requires recordkeeping of an annual 

calculation of the amount of Perc consumed. The Dry Cleaning ATCM, while not 

requiring a calculation of the Perc ar~nually consumed, requires annual recordkeeping 

and reporting of the pounds of materials cleaned and the gallons of Perc purchased. 

Therefore, under the Dry Cleaning ATCM, calculation of the annual amount of Perc may 

still be performed if deemed necessary by the local air districts. The Dry Cleaning 

ATCM reporting and recordkeeping requirements are more extensive because of the 

required annual reporting and the added recordkeeping and reporting requirement of 

the amount of materials cleaned. 

Another difference between the two regulations is that the Dry Cleaning NESHAP 

required notification of compliance by July 28, 2008, whereas the Dry Cleaning ATCM 

does not have an initial notification requirement. An initial notification requirement is not 

needed under the Dry Cleaning ATCM because transfer machines are already phased 

out in California, no new co-residential facilities have started up operation after 

December 2005, and the Dry Cleaning ATCM prohibited the installation of new Perc 

machines in California on and after January 1, 2008. All existing Perc facilities have 

been permitted by the local air districts to support appropriate compliance and 

enforcement actions. Local air districts maintain the records and permits for each of the 

dry cleaning facilities in California and have more than a decade earlier required initial 

reportirrg for all existing dry cleanirrg facilities under the 1993 Dry Cleaning ATCM. 

Therefore, the reporting and recordkeeping requirements of the Dry Clearling ATCM are 

more stringent compared to those of the Dry Cleaning NESHAP. 

3.4.3 Operation and Maintenance 

Good operation and maintenance practices are required by both regulations and are 

more stringent compared to their previous versions with the Dry Cleaning ATCM being 

more stringent compared to the Dry Cleaning NESHAP. The Dry Cleaning NESHAP 

added requirements for an enhanced leak detection and repair program whereby small 

and large sources are required to conduct monthly leak checks using a halogenated 
leak detector in addition to the already required weekly or bi-weekly perceptive leak 

check requirements. In comparison, the Dry Cleaning ATCM is more stringent because 

it retained the requirement for weekly leak checks using a halogenated leak detector or 

a portable gas analyzer and added the requirement of an annual leak check using a 

portable detector which gives quantitative results. 

In addition, to reduce Perc emissions from detected leaks, the Dry Cleaning ATCM 

requires immediate repair of leaks detected when parts are available on site and adds a 

requirement to keep a spare set of the most frequently used gaskets located on-site. 

When a needed part must be ordered, the Dry Cleaning ATCM requires the part be 

ordered by the next business day and installed within two days of the part's arrival. In 

comparison, the Dry Cleaning NESHAP is less stringent because it requires repair 

within 24 hours or parts ordered within two days and repair within five days of the part's 

arrival. 

Other good operation and maintenance requirements of the Dry Cleaning ATCM not 

required by the Dry Clearling NESHAP include: cleaning the button and lint traps each 

day and placing the lint in a sealed container, operating wastewater treatment units to 

ensure that no liquid Perc or visible emulsion is allowed to vaporize, and desorbing 

secondary control per manufacturer's instructions or once per week, whichever is more 

frequent. These requirements make the Dry Cleaning ATCM more stringent. 

3.4.4 Control Equipment Requirements 

By prohibiting installation of new Perc machines and by mandating removal of existing 

Perc machines as described in section 3.4.1, the Dry Cleaning ATCM makes control 

equipment requirements unnecessary. As discussed in more detail in section 3.3, the 

types of control equipments required are similar under the Dry Cleaning NESHAP and 

the Dry Cleaning ATCM. The differences mostly relate to the timing of the requirements 

with the Dry Cleaning ATCM requiring controls at an earlier date. Most significantly, the 

1993 Dry Cleaning ATCM requires secondary control at new facilities that commenced 

operation 18 months or later following the effective date of the 1993 ATCM in the 

districts. Thus, secondary control has been required under the Dry Cleaning ATCM 

over nine years earlier compared to the Dry Cleaning NESHAP. The Dry Cleaning 

ATCM also prohibited the use of transfer machines about ten years earlier. The Dry 

Cleaning NESHAP prohibited the use of transfer machines as of July 27, 2008, while 

the Dry Cleaning ATCM prohibited these machines in 1998. 

There are differences between the two regulations on requirements for co-residential 

facilities. The Dry Cleaning NESHAP prohibited new Perc machines in co-residential 

facilities after July 27, 2008, which is about seven months later than the Dry Cleaning 

ATCM requirement. Also, the Dry Cleaning NESHAP requires the removal of Perc 

machines from co-residential facilities that were installed between December 21, 2005 

and July 13, 2006, by July 27, 2009. The Dry Cleaning ATCM requires the removal of 

Perc machines from all co-residential facilities by July 1, 2010. This requirement is 

potentially about one year later than the Dry Cleaning NESHAP for the co-residential 
facilities that started-up between December 21, 2005 and July 13, 2006. However, 

there were no new co-residential facilities in California after December 2005. Lastly the 

Dry Cleaning NESHAP requires the complete removal of the remaining Perc machines 

from co-residential facilities by December 21, 2020. As mentioned earlier, the 

Dry Cleaning ATCM requires complete removal of Perc machines from co-residential 

facilities by July 1, 2010, over ten years earlier. Therefore, Dry Cleaning ATCM is more 

stringent for California co-residential facilities. 

3.5 Compliance and Enforcement Measures 

Both the Dry Cleaning NESHAP and the Dry Cleaning ATCM contain monitoring 

requirements to ensure proper operation and maintenance of Perc dry cleaning 

equipment. Corr~pletions of the monitoring requirements are recorded as required by 

the record keeping requirements discussed in section 3.4.2 above. In addition to the 

recordkeeping requirements, the reporting requirements that were also discussed in 

section 3.4.2 above provide a mechanism for compliance checks and for effective 

enforcement of the applicable dry cleaning regulation. 

Local air districts in California are currently enforcing the Dry Cleaning ATCM. The 

Dry Cleaning ATCM's training requirements, together with local air districts' adopted 

permit programs, enable strong enforcement of, and good compliance with, the Dry 

Cleaning ATCM requirements. In addition, local air districts have adopted new source 

review regulations that impact dry cleaners and can potentially further reduce Perc 

emissions from dry cleaning. 

3.6 Conclusion 

The ARB affirms that the Dry Cleaning ATCM, in conjunction with the Environmental 

Training Program for Dry Cleaners, and other California-specific programs and 

regulations, will result in greater ernission reductions sooner than the Dry Cleaning 

NESHAP for each and every area source dry cleaning facility in California. The Dry 

Cleaning ATCM was designed to achieve maximum emission reductions through four 

essential elements working in concert. These elements are: 1) the phase out of Perc in 

dry cleaning operations from January I, 2008 through January I, 2023, 2) 'the use of 

the best available Perc dry cleaning equipment before the phase out of Perc dry 

cleaning equipment dl~ring the phase out of Perc dry cleaning equipment, 3) enhanced 

operation and maintenance requirements, and 4) detailed monitoring, recordkeeping, 

and reporting requirements. In addition, the local districts are enforcing their 

regulations that impact dry cleaners which will further reduce Perc emissions for dry 

cleaning. For these reasons, the Dry Cleaning ATCM is more stringent than the Dry 

Cleaning NESHAP. 
SECTION II 

ATTACHMENT 1 

Narrative Description of the 

Dry Cleaning ATCM 
ATTACHMENT 1 

NARRATIVE DESCRIPTION OF 'THE DRY CLEANING ATCM 

On October 14, 1993, the California Air Resources Board (Board) adopted the Airborne 

Toxic Control Measure for Emissions of Perchloroethylene from Dry Cleaning 

Operations (Dry Cleaning ATCM). The Dry Cleaning ATCM established the equipment, 

operational, and other requirements for California's perchloroethylene (Perc) dry 

cleaners. On January 25,2007, amendments to the Dry Cleaning ATCM were 

approved by the Board; on December 27,2007, the amendments became state law. 

The Dry Cleaning ATCM is codified in the California Code of Regulations (CCR), title 17, 

sections 93109, 931 09.1, and 93109.2. Major requirements of the Dry Cleaning ATCM 

include the prohibition of new Perc machines, phase out of all existing Perc machines, 

and an earlier phase out for co-residential facilities and converted Perc machines. 

As directed in Health and Safety Code section 39666(d), the air pollution control and air 

quality management districts (districts) have 120 days to either implement and enforce 

the Dry Cleaning ATCM or to propose their own regulations once the Dry Cleaning 

ATCM has been incorporated into State law. The districts proposing their own 

regulations are required to adopt regulations that are at least as stringent the Dry 

Cleaning ATCM within 180 days following the incorporation of the Dry Cleaning ATCM 

into State law. 

California Code of Regulations, title 17, section 931 10, entitled Environmental Training 

Program for Perchloroethylene Dry Cleaning Operations (the Training Regulation), 

established the criteria and process for the ARB to authorize people or organizations to 

present the environmental training programs for Perc dry cleaners. The Training 

Regulation was adopted together with the 1993 Dry Cleaning ATCM. It has been 

effective since 1994 and was described in the previous equivalency determination. The 

following discussion describes the CARB1s amended Dry Cleaning ATCM and the 

bases for the specific requirements. 

THE PERC DRY CLEANING AIRBORNE TOXIC CONTROL MEASLIRE 

This section contains the narrative description of the Dry Cleaning ATCM. The 

complete text of the Dry Cleaning ATCM is provided in Attachment 2. 

1. Applicability 

The Dry Cleaning ATCM apply to any person who sells or distributes Perc and who sells, 

distributes, installs, owns, or operates dry cleaning equipment in California that uses 

any solvent that contains Perc. 
2. Prohibitions 

No person shall sell, offer for sale, or initiate a new lease of any Perc dry cleaning 

machine for use in California on or after January 1, 2008. This provision applies to both 

existing and new facilities. 

Under the Dry Cleaning ATCM, and as stated in the 1993 Dry Cleaning ATCM, the 

ownerloperator of a facility shall not operate any equipment related to Perc dry cleaning 

operations, such as: a transfer machine, any reclaimer or other device in which 

materials that have been previously dry cleaned with Perc are placed to dry; a vented 

machine; a self-service dry cleaning machine; a drying cabinet; or dip tanks. In addition, 

the ownerloperator of a facility may no longer use a converted machine after 

July 1, 2010. 

3. Requirements for Co-residential Facilities 

A "co-residential" facility is any dry cleaning facility that shares a common wall, floor, or 

ceiling with a residence or is located within the same building as a residence. For the 

purposes of this regulation, residence means any dwelling or housing which is owned, 

rented, or occupied by the same person for a period of 180 days or more, excluding 

short-term housing such as a motel or hotel room rented and occupied by the same 

person for a period of less than 180 days. 

For co-residential facilities, the Dry Cleaning ATCM will prohibit the use of Perc in dry 

cleaning machines. Existing co-residential facilities shall remove any currently installed 

Perc dry cleaning machines by July 1, 201 0. However, prior to this phase out date, all 

Perc co-residential facilities are required to follow good operating practices as specified 

in the Dry Cleaning ATCM and outlined in Part 6 of this section. 

4. New Facilities 

A new facility is defined as a facility that did not operate any dry cleaning equipment 

using Perc prior to January 1, 2008. For all new dry cleaning facilities, the Dry Cleaning 

ATCM prohibited the use of Perc in dry cleaning machines and in water-repelling 

operations. 

5. Requirements for Existing Facilities 

Existing facilities, defined as any facility that operated Perc dry cleaning equipment prior 

to January 1, 2008, are prohibited from installing a new Perc dry cleaning machine after 

this date. A relocated facility which is defined as a facility that moves from one location 

to another location within the boundaries of the same local air district will be considered 

an existing facility for the purposes of the Dry Cleaning ATCM. Therefore, all relocated 

facilities will be subject to the requirements for existing facilities. 
For existing facilities, the Dry Cleaning ATCM requires that the more emissive 

technologies (i.e., converted machines) be replaced with a non-Perc alternative by 

July 1, 2010. For all other existing facilities, the compliance schedule is as follows: 

A facility that operates a primary control, add-on, or secondary control 

machine must remove from service the Perc dry cleaning equipment by 

July 1, 2010, or when the machine is 15 years of age, whichever comes later. 

If the age of the machine cannot be obtained, the machine must be removed 

from service by July 1, 2010. 

All existing facilities that have not already replaced their machines in 

accordance with the above schedule, must remove from service their dry 

cleaning equipment by January 1, 2023. 

A summary of Perc equipment compliance times for existing facilities can be found in 

Table II 1-1. 

Table II 1-1. Summary of Perc Equipment Compliance Times 

for Existing Facilities 

FACILITY OR EQUIPMENT TYPE DATE OF COMPLIANCE' 

Drying Cabinet, or Dip Tank 

Converted Machine 

6. Good Operating Practices 

- 

January 1, 2008 

July 1, 2010 

Dry Cleaning Machines at 

Co-residential Facility 

Closed-loop Machines: 

Primary Control Machine; Add-on 

Secondary Control Machine; or 

Integral Secondary Control 

Machine 

All Perc Dry Cleaning Machines 

The Dry Cleaning ATCM strengthened the good operating practices to further reduce 

fugitive emissions. All facilities are required to follow the good operating practices 

outlined in the Dry Cleaning ATCM. These include trained operators, operation and 

maintenance requirements, and leak check requirements. 

July 1, 2010 

July I, 2010 or 15 years after the date of 

manufacture, whichever comes later. 

July 1, 2010 if age of machine cannot be 

determined. 

January 1, 2023 

a. Trained Operators 

1. Final date(s) by which dry cleaning equipment shall be removed from service or use. 

Under the Dry Cleaning ATCM, the length of time to notify the local air district when a 

trained operator leaves the employment of the facility has been reduced from 30 days to 
15 days of the departure. To ensure proper equipment operation, the trained operators 

must be on-site whenever the dry cleaning machine is operating. 

b. Operation and Maintenance Requirements 

Since transfer and vented machines are no longer permitted, all language pertaining to 

these machines has been deleted. To shorten repair time, the facility ownerloperator is 

required to keep on-site a spare set of gaskets for the loading door, still, lint trap, button 

trap, and water separator. They are also required to keep a spare lint filter on-site. 

Carbon absorbers in integral secondary control systems must be designed for 

non-contact steam or hot air stripping operation, and must be stripped or desorbed in 

accordance with manufacturer's instructions or at least weekly, whichever is more 

frequent. 

c. Leak Check Requirements 

The Dry Cleaning ATCM reduced the timeframe to repair a leak. Since the facility is 

required to keep spare gaskets and filters on hand, repairs should take less time. Liquid 

leaks or vapor leaks shall be repaired immediately upon detection. If a facility with a 

leak does not have parts available, the parts need to be ordered within the next 

business day of detecting the leak and the part installed within two business days after 

receipt. A facility with a leak that has not been repaired by the end of the seventh 

business day, after detection, shall not operate the dry cleaning machine until ,the leak is 

repaired. 

In addition to the weekly leak checks, a dry cleaning system shall be inspected at least 

once a year for liquid and vapor leaks using a Perc detector which gives quantitative 

results with less than ten percent uncertainty at 50 ppmv of Perc. There are several 

suggested ways a facility can comply with this requirement: 

Purchase a Perc detector that gives quantitative results, 

Solicit service from an individual or organization to conduct the annual leak 

check, or 

Fulfill this requirement during a local air district inspection (a local air district 

inspector is not prevented from writing a notice of violation if a leak is 

detected in this circumstance). 

7. record keep in^ Requirements 

The retention time to maintain records has been amended from two years to five years. 

Also, recordkeeping requirements have been amended to include the following 

additional item listed. 
For secondary control machines, the start and end time of each regeneration, 

and temperature of the chilled air on the outlet side of the refrigerated 

condenser. 

8. Reporting Requirements 

The reporting requirements are the same as in the 1993 Dry Cleaning ATCM with the 

addition that the annual report submitted by the facility must cover the period of 

January 1 through December 31 of each year. In addition to the existing reporting 

requirements, the facility must include the make, model, serial number, and the age of 

the dry cleaning machine. The ownerloperator shall furvish this annual report to the 

local air district by the date specified by the local air district. Although the average 

facility mileage is no longer a reporting requirement, facility owners are encol-raged to 

keep mileage records to assist them in determining the efficiency of ,their equipment. 

9. Water-repelling Operations 

All materials to be treated with Perc water-repelling solutions can only be treated in a 

converted, primary control, add-on secondary control, or integral secondary control 

machine. However, the machine used will be required to follow the prohibitions and 

requirements specified in the Dry Cleaning ATCM (see Attachment 2). 

10. Requirements for Perc Manufacturers and Distributors 

Information gathered under the following two new sections in the proposed Dry 

Cleaning ATCM will be used by ARB staff and the local air districts to faci'litate 

implementation of the requirements under Health and Safety Code section 41 998 

(AB 998). In addition, this will allow ARB to track the sales and eventual phase out of 

Perc from dry cleaning operations. 

a. Perc Manufacturers 

Any solvent manufacturer that sells Perc to a distributor in California is required 

to keep monthly sales records (with invoices) of the gallons of Perc sold for use in dry 

cleaning in California. These records shall be retained for at least five years and shall 

be made available to ARB or the local air districts upon request. 

In addition, by January 1, 2008, Perc manufacturers shall report to ARB contact 

information for all their distributors who sell Perc for use in dry cleaning in California. If 

there are changes to their list of distributors, the manufacturers are required to report 

the change(s) to ARB within 30 calendar days after the change has occurred. 

b. Perc Distributors 

Any solvent distributor that sells Perc or recycled Perc to a facility for dry 

cleaning use in California is required to retain the records listed below for at least 
five years. These records shall be made available to the ARB or the local air district 

upon request. 

. For each dry cleaning facility, Perc distributors shall keep monthly sales 

records (with invoices) of the gallons of Perc and recycled Perc sold for the 

use of dry cleaning in California. 

Perc distributors shall keep monthly purchase records (with invoices) of the 

gallons of Perc purchased for the use of dry cleaning in California. 

Perc distributors shall keep contact information for each California dry cleaner 

that purchased Perc and recycled Perc. 

Perc distributors shall keep contact information for all their distributors who 

sell Perc and recycled Perc in California. 

Additionally, by specified dates, Perc distributors will be required to report to ARB 

the following information: 

By. January 1, 2008, Perc distributors shall report to ARB contact information 

for all their distributors who sell Perc in California. If there are changes to 

their list of distributors, Perc distributors shall report ,the change(s) to ARB 

within ten workdays after the change has occurred. 

Perc distributors shall report to ARB any change(s) in their contact 

information within 30 calendar days after the change has occurred. 

By January 31 of each year, Perc distributors shall report to ARB the annual 

gallons of Perc and recycled Perc sold to California dry cleaners from 

January 1 through December 31 of the previous year. 

The proposed amendments require Perc manufacturers and distributors to 

submit a fee that is based on the fee schedule shown in Table 11 1-2 and the annual 

amount of Perc sold by the manufacturer or distributor in California. Payment is due 

upon receipt of an invoice from ARB. A violation of this section of the regulation, which 

would include the nonpaynient of the Perc fee, could result in a penalty of up 

to $35,000. 
Table 11 1-2. Perc Fee Invoice Schedule 

Approximate 

Invoice Date 

January 2005 

July 2005 

January 2006 

January 2007 

February 2008 

February 2009 

February 20 10 

Year 

2004 

1 2005 

2006 

2007 

2008 

2009 

2010 7 

201 1 

2012 

2013 

20 14-2022 

Perc Fee per 

Gallon Sold 

(in U.S. Dollars) 

$3.00 

$4.00 

$5.00 

$6.00 

$7.00 - 

$8.00 

Invoice Cycle 

---- August 16,2004 through December 3 1,2004 

January I, 2005 through June 30,2005 

July 1,2005 through December 3 I, 2005 

January 1,2006 through December 3 1,2006 

January 1,2007 through December 3 1,2007 

January 1,2008 through December 3 1,2008 

--- January 1,2009 through December 3 1,2009 

$9.00 

$10.00 

$1 1.00 

$12.00 

$12.00 

January 1,201 0 through December 3 1,201 0 

January 1,201 1 through December 3 1,201 1 

January 1.2012 through December 3 1,201 2 

January I, 201 3 through December 3 1,201 3 

February 20 15 and 

January l,20 14 through December 3 1,20 14, and each 

subsequent calendar year through 2022 thereafter through 
SECTION II 

ATTACHMENT 2 

Final Regulation Orders 

Airborne Toxic control Measure for 

Emissions of Perchloroethylene from Dry 

Cleaning and Water-Repelling Operations, 

Requirements for Perc Manufacturers and 

Requirements for Perc Distributors 
ATTACHMENT 2 

FINAL REGULATION ORDER: AIRBORNE TOXIC CONTROL MEASURE FOR 

EMISSIONS OF PERCHLOROETHYLENE FROM DRY CLEANING AND 

WATER-REPELLING OPERATIONS 

APPROVED BY THE OFFICE OF ADMINISTRATIVE LAW ON DECEMBER 27,2007 

Amend section 93109, titles 17, California Code of Regulation, to read as follows: 

Section 93109. Airborne Toxic Control Measure (ATCM) for Emissions of 

Perchloroethylene from Dry Cleaning and Water-Repelling Operations. 

(a) Purpose. 

The purpose of this control measure is to phase-out the use of perchloroethylene 

(Perc) from dry cleaning and water-repelling operations. Eliminating these 

emissions will further protect the public health, especially for Californians who 

live or work near dry cleaning and water-repelling facilities. 

(b) Applicability. 

This section applies to any person who sells or distributes Perc to California dry 

cleaners or who sells, distributes, installs, owns, or operates dry cleaning 

equipment in California that uses any solvent that contains Perc. 

(c) Severability. 

Each part of this section is deemed severable, and in the event that part of this 

section is held to be invalid, the remainder of this section shall continue in full 

force and effect. 

(d) Definitions. The definitions in Health and Safety Code division 26, part 1, 

chapter 2, commencing with section 3901 0, shall apply, with the following 

additions: 

(1) "Add-on secondary control machine" means a closed-loop machine with a 

secondary control system that is designed or offered as a separate retrofit 

system for use on multiple machine makes and models. 

(2) "Adsorptive cartridge filter" means a replaceable cartridge filter that 

contains diatomaceous earth or activated clay as the filter medium. 

(3) "Carbon adsorber" means an air cleaning device that consists of an inlet 

for exhaust gases from a dry cleaning machine; activated carbon in the 

form of a fixed bed, cartridge, or canister, as an adsorbent; an outlet for 

exhaust gases; and a system to regenerate or reclaim saturated 

adsorbent. 
"Cartridge filter" means a replaceable cartridge filter that contains one of 

the following as the filter medium: paper, activated carbon, or paper and 

activated carbon. A cartridge filter contains no diatomaceous earth or 

activated clay. Cartridge filters include, but are not limited to: standard 

filters, split filters, "jumbo" filters, and all carbon polishing filters. 

"Closed-loop machine" means dry cleaning equipment in which washing, 

extraction, and drying are all performed in the same single unit (also 

known as dry-to-dry) and which recirculates Perc-laden vapor through a 

primary control system with or without a secondary control system with no 

exhaust to the atmosphere during the drying cycle. A closed-loop 

machine may allow for venting to the ambient air through a fugitive control 

system after the drying cycle is complete and only while the machine door 

is open. A closed-loop machine includes a primary control machine, an 

add-on secondary control machine, or an integral secondary control 

machine. 

"Co-residential" means sharing a common wall, floor, or ceiling with a 

residence or located within the same building. 

"Contact information" means name, mailing address, facility location, 

phone number, and if applicable, email address and fax number. 

"Converted machine" means an existirlg vented machine that has been 

modified to be a closed-loop machine by eliminating the aeration step, 

installing a primary control system, and providing for recirculation of the 

Perc-laden vapor with no exhaust to the atmosphere or workroom during 

the drying cycle. A converted machine may allow for venting to the 

ambient air through a fugitive control system after the drying cycle is 

complete and only while the machine door is open. 

"Cool-down" means the portion of the drying cycle that begins when the 

heating mechanism deactivates and the refrigerated condenser continues 

to reduce the temperature of the air recirculating through the drum to 

reduce the concentration of Perc in the drum. 

"Desorption" means regeneration of an activated carbon bed, or any other 

type of vapor adsorber by removal of the adsorbed solvent using hot air, 

steam, or other means. 

"Dip tank operations" means the immersion of materials in a solution that 

contains Perc, for purposes other than dry cleaning, in a tank or container 

that is separate from the dry cleaning equipment. 

(12) "District" means an air pollution control or air quality management district 

as defined in Health and Safety Code section 39025. 
"Drum" means the rotating cylinder or wheel of the dry cleaning machine 

that holds the materials being cleaned. 

"Dry cleaning" means the process used to remove soil, greases, paints, 

and other unwanted substances from materials with Perc. 

"Dry cleaning equipment" means any machine, device, or apparatus that 

uses Perc to dry clean materials or to remove residual solvent from 

previously cleaned materials. Dry cleaning equipment may include, but 

is not limited to a transfer machine, a vented machine, a self-service 

machine, a converted machine, a closed-loop machine, a reclaimer, a 

drying cabinet, or a dip tank. 

"Dry cleaning machine" means any dry cleaning equipment that is used to 

dry clean materials. A dry cleaning machine may include, but is not 

limited to a transfer machine, a vented machine, a self-service machine, 

or a closed-loop machine. 

"Dry cleaning system" means all of the following equipment, devices, or 

apparatus associated with any dry cleaning process: dry cleaning 

equipment; filter or purification systems; waste holding, treatment, or 

disposal systems; solvent supply systems; dip tanks; pumps; gaskets; 

piping, ducting, fittings, valves, or flanges that convey Perc vapors; and 

control systems. 

"Drying cabinet" means a housing in which materials previously cleaned 

with Perc are placed to dry and which is used only to dry materials that 

would otherwise be damaged by the heat and tumbling action of the 

drying cycle. 

"Drying cycle" means the process used to actively remove the Perc 

remainirlg in the materials after washirlg and extraction. For closed-loop 

machines, the heated portion of the cycle is followed by cool-down and 

may be extended beyond cool-down by the activation of a control system. 

The drying cycle begins when heating coils are activated and ends when 

the machine ceases rotation of the drum for a converted or primary control 

machine, or at the end of the adsorption cycle for a secondary control 

machine. 

"Environmental training program" means an initial course or a refresher 

course of the environmental training program for Perc dry cleaning 

operations that has been authorized by the Air Resources Board 

according to the requirements of title 17, California Code of Regulations, 

section 931 10. 
"Existing facility" means any facility that operated dry cleaning equipment 

prior to January 1, 2008. 

"Facility" means an establishment where dry cleaning equipment is 

operated. 

"Fugitive control system" means a device or apparatus that collects 

fugitive Perc vapors from the machine door, button and lint traps, still, or 

other intentional openings of the dry cleaning equipment and routes those 

vapors to a device that reduces the mass of Perc prior to exhaust of the 

vapor to the atmosphere. 

"Gallons of perchloroethylene purchased" means the volume of Perc, in 

gallons, purchased for use with the dry cleaning equipment. 

ffHalogenated-hydrocarbon detector" means a portable device capable of 

detecting vapor concentrations of ~eic of 25 ppmv or less and indicating 

an increasing concentration by emitting an audible signal or visual 

indicator that varies as the concentration changes. 

"Integral secondary control machine" means a closed-loop machine that is 

designed and offered with an integral secondary control system. 

"Integral secondary control system" means a carbon adsorber, or an 

equivalent device that is designed and offered as an integral part of a 

production package with a specific make and model of dry cleaning 

machine and primary control system. 

"Liquid leak" means a leak of liquid containing Perc of more than 1 drop 

every 3 minutes. 

"Materials" means weariog apparel, draperies, linens, fabrics, textiles, 

rugs, leather, and other goods that are dry cleaned. 

"Muck cooker" means a device for heating Perc-laden waste material to 

volatilize and recover Perc. 

(31) "New distributor" means .any person who begins ,the sale of Perc, directly 

or indirectly, to dry cleaners in California after January 1, 2008. 

(32) "New facility" means a facility that did not operate any dry cleaning 

equipment prior to January I, 2008. Facilities that are relocated to 

another district shall be considered new facilities for the purposes of this 

control measure. 
(33) "Perc distributor" means any person who, directly or indirectly, sells Perc 

or recycled Perc to California dry cleaners. 

(34) "Perc manufacturer" means any person who produces and sells Perc for 

use in California. 

(35) "Perchloroethylene (Perc)" means the substance with the chemical 

formula 'C2C14', also known by the name 'tetrachloroethylene', which has 

been identified by the Air Resources Board and listed as a toxic air 

contaminant in title 17, California Code of Regulations, section 93000. 

(36) "Pounds of materials cleaned per load" means the total dry weight, in 

pounds, of the materials in each load dry cleaned at the facility, as 

determined by weighing each load on a scale prior to dry cleaning and 

recording the value. 

(37) "Primary control machine" means a closed loop machine used for dry 

cleaning that is equipped with a primary control system. 

(38) "Primary control system" nieans a refrigerated condenser, or an 

equivalent closed-loop vapor recovery system that reduces the 

concentration of Perc in the recirculating air. 

(39) "Reasonably available", as it applies to a course for the environmental 

training program, means that the course is offered within 200 miles of the 

district boundaries and that all such courses have a capacity, in the 

aggregate, that is adequate to accommodate at least one person from 

each facility in the district required to certify a trained operator at that time. 

(40) "Reclaimer" means a machine, device, or apparatus used only to remove 

residual Perc from materials that have been previously cleaned in a 

separate piece of dry cleaning equipment. 

(41) "Recycled Perc" means Perc solvent that is recovered after initial use. 

(42) "Refrigerated condenser" means a closed-loop vapor recovery system into 

which Perc vapors are introduced and recovered by cooling below the 

dew point of the Perc. 

(43) "Relocated facilities" means a facility that moves from one location to 

another location within the boundaries of the same district. 

(44) "Remove from sen/iceM means remove from the facility or render the dry 

cleaning equipment inoperable. 
(45) "Residence" means any dwelling or housing which is owned, rented, or 

occupied by the same person for a period of 180 days or more, excluding 

short-term housing such as a motel or hotel room rented and occupied by 

the same person for a period of less than 180 days. 

(46) "Secondary control system" means a device or apparatus (typically a 

carbon adsorber), that reduces the concentration of Perc in the 

recirculating air at the end of the drying cycle beyond the level achievable 

with a refrigerated condenser alone. 

(47) "Self-senlice machine" means a dry cleaning machine that is loaded, 

activated, or unloaded by the customer. 

(48) "Separator" means any device used to recover Perc from a water-Perc 

mixture. 

(49) "Solvent" means a liquid substance other than water used in dry cleaning 

equipment. 

(50) "Trained operator" means the owner, the operator, or an employee of the 

facility, who holds a record of completion for the initial course of an 

environmental training program and maintains herthis status by 

successfully completing the refresher courses as required. 

(51) "Transfer machine" means a corr~bination of dry cleaning equipment in 

which washing and extraction are performed in one unit and drying is 

performed in a separate unit. 

(52) "Vapor adsorber" means a bed of activated carbon or other adsorbent into 

which Perc vapors are introduced and trapped for subsequent desorption. 

(53) "Vapor leak" means an emission of Perc vapor from unintended openings 

in the dry cleaning system, as indicated by a rapid audible signal or visual 

signal from a halogenated-hydrocarbon detector or a concentration of 

Perc exceeding 50 ppmv as Perc as indicated by a portable analyzer. 

(54) "Vented machine" means dry cleaning equipment in which washing, 

extraction, and drying are all performed in the same single unit and in 

which fresh air is introduced into the drum in the last step of the drying 

cycle and exhausted to the atmosphere, either directly or through a 

control device. 

(55) "Wastewater treatment unit" means a device that treats 

Perc-contaminated wastewater through the addition of thermal or 

chemical energy, or through physical action, such as carbon or another 

type of adsorbent filtration system. 
(56) "Water-repelling operations" means the treatment of materials with a 

Perc-containing solution for the purpose of making the material water 

resistant or water-repelling . 

(57) "Workday" means any consecutive 24-hour period commencing at the 

same time each calendar day as defined in California Labor Code 

section 500(a). 

(e) Prohibitions. 

(1) No person shall sell, offer for sale, or initiate a new lease of any Perc dry 

cleaning machine for use in California on or after January 1, 2008. 

(2) Transfer, vented, and self service Perc machines shall remain prohibited 

as they have been since November 1998. 

(f) Requirements for New Facilities. 

No person shall install or operate any Perc dry cleaning machine or engage in 

Perc water-repelling operations at a new facility on or after January 1, 2008. 

(g) Relocated Facilities. 

Upon approval by the district, existing facilities may relocate their Perc dry 

cleaning equipment for the purpose of moving from one location to another 

location within the boundaries of the same district. 

(h) Requirements for Existing Facilities. The ownerloperator of each existing 

facility shall meet the following applicable requirements as follows and as shown 

in Table 1. 

(1) By January 1, 2008, drying cabinets and dip tanks shall not be used for 

Perc dry cleaning. 

(2) By July 1, 2010, existing facilities shall remove from service all Perc 

converted machines. 

(3) By July 1, 201 0, existing facilities shall remove from service all Perc dry 

cleaning machines at co-residential locations. 

(4) By July I, 201 0, or 15 years after the date of manufacture, whichever 

comes later, existing facilities shall remove from service all Perc 

closed-loop machines including primary control, add-on secondary control, 

and integral secondary control machines. If the age of the machine 

cannot be obtained, the machine shall be removed from service by 

July 1, 2010. 
(5) By January I, 2023, existing facilities shall remove from service all Perc 

dry cleaning machines, if not required to be removed from service earlier. 

(i) Required Good Operating Practices. No person shall operate Perc dry 

cleaning equipment unless all of the following requirements are met: 

(1) Environmental training requirements. Each Perc facility shall have one or 

more trained operators. 

(A) A trained operator shall be the owner, the operator, or another 

employee of the facility, who successfully completes the initial 

course of an environmental training program to become a trained 

operator. Evidence of successful completion of the initial course 

shall be the original record of completion issued pursuant to 

title 17, California Code of Regulations, Section 931 10. 

(B) The trained operator shall be on site while the dry cleaning 

equipment is in operation. 

(C) Each trained operator shall successfully complete the refresher 

course of an environmental training program at least once every 

three years. Evidence of successful completion of each refresher 

course shall be the date of the course and the instructor's signature 

on the original record of completion. 

(D) If the Perc facility has only one trained operator and the trained 

operator leaves the employ of the facility, the facility shall: 

1. Notify the district in writing within 15 days of the departure of 

the trained operator; and 

2. Obtain certification for a replacement trained operator within 

3 months. 

3. If the district determines that the initial course of an 

environme~~tal training program is not reasonably available, 

the district may extend the certification period for a 

replacement trained operator until 1 month after the course 

is reasonably available. 

(2) Operation and maintenance requirements. The trained operator shall 

operate and maintain all components of the Perc dry cleaning system in 

accordance with the requirements of this section and the conditions 

specified in the facility's operating permit. For operations not specifically 

addressed, the components shall be operated and maintained in 
accordance with the manufacturer's recommendations. 

(A) The district shall provide an operation and maintenance checklist to 

,the Perc facility. Each operation and maintenance function and 

the date performed shall be recorded on the checklist. The 

operation and maintenance checklist shall include, at a minimum, 

the following requirements: 

1. Refrigerated condensers shall be operated to ensure that 

exhaust gases are recirculated until the air-vapor stream 

temperature on the outlet side of the refrigerated condenser, 

downstream of any bypass, is less than or equal to 45OF 

(7.2OC). 

I. Refrigerated condensers shall have a graduated or 

digital thermometer with a minimum range from O°F 

(-18OC) to 150°F (66OC), which measures the 

temperature of the outlet vapor stream, downstream 

of any bypass of the condenser, and is easily visible 

to the operator. 

Vapor adsorbers used as a primary control system or a 

secondary control system shall be operated to ensure that 

exhaust gases are recirculated at the temperature specified 

by the district, based on the manufacturer's 

recommendations for optimum adsorption. These vapor 

adsorbers shall be desorbed according to the conditions 

specified by the district in the facility's operating permit, 

including a requirement that no Perc vapors shall be routed 

to the atmosphere during routine operation or desorption. 

3. Cartridge filters and adsorptive cartridge filters shall be 

handled using one of the following methods: 

a. Drained in the filter housing, before'di~~osal, for no 

less than: 24 hours for cartridge filters and 48 hours 

for adsorptive cartridge filters. If the filters are then 

transferred to a separate device to further reduce the 

volume of Perc, this treatment shall be done in a 

system that routes any vapor to a primary control 

system, with no exhaust to the atmosphere or 

workroom: or 

b. Dried, stripped, sparged, or otherwise treated, within 

the sealed filter housing, to reduce the volume of 

Perc contained in the filter. 
4. A still, and any muck cooker, shall not exceed 75 percent of 

its capacity, or an alternative level recommended by the 

manufacturer. A still, and any muck cooker, shall cool to 

100°F (38OC) or less before emptying or cleaning. 

5. Button and lint traps shall be cleaned and inspected for 

damage each workday and the lint placed in a tightly sealed 

container. 

6. The facility ownerloperator shall keep on site a spare set of 

gaskets for the loading door, still, lint trap, button trap, and 

water separator. 

7. The facility ownerloperator shall keep on site a spare lint 

filter. 

8. All parts of the dry cleaning system where Perc may be 

exposed to the atmosphere or workroom shall be kept 

closed at all times except when access is required for proper 

operation and maintenance. 

9. Wastewater treatment units shall be operated to ensure that 

no liquid Perc or visible emulsion is allowed to vaporize. 

10. Carbon adsorbers in secondary control machines must be 

stripped or desorbed in accordance with manufacturer's 

instructions or at least weekly, whichever is more frequent. 

Leak check and repair requirements. The trained operator shall inspect 

the Perc dry cleaning system for vapor leaks. The district shall provide a 

leak inspection checklist to the Perc facility. The trained operator shall 

record the status of each component on the checklist. 

(A) Weekly Leak Checks. The Perc dry cleaning system shall be 

inspected at least once per week for both liquid leaks and vapor 

leaks, using one of the following techniques: 

1. A halogenated-hydrocarbon detector; or 

2. A portable gas analyzer or an alternative method approved 

by the district. 

(B) Annual Leak Checks. The Perc dry cleaning system shall be 

inspected at least once per calendar year for liquid and vapor leaks 

using a portable detector which gives quantitative results with less 
than ten (10) percent uncertainty at 50 ppmv of Perc; Upon 

request, a district may approve an annual leak check extension of 

12 months or less. 

) Any liquid leak or vapor leak that has been detected by the 

operator shall be noted on the checklist and repaired according to 

the requirements of this subsection. If the leak is not repaired at 

the time of detection, the leaking component shall be physically 

marked or tagged in a manner that is readily observable by a 

district inspector. 

(D) Any liquid leak or vapor leak detected by the district, which has not 

been so noted on the checklist and marked on the leaking 

component of the dry cleaning system, shall constitute a violation 

of this section. For enforcement purposes, the district shall 

identify the presence of a vapor leak by determining the 

concentration of Perc with a portable analyzer according to ARB 

Test Method 21 (title 17, California Code of Regulations, 

section 941 24). 

(E) Any liquid leak or vapor leak shall be repaired immediately upon 

detection. For the purposes of this section a business day shall 

mean Monday through Friday, except holidays, as provided in 

Government Code of Regulation section 6700 and following. 

1. If repair parts are not available at the facility, the parts shall 

be ordered within the next business day of detecting such a 

leak. Such repair parts shall be installed within two business 

days after receipt. A facilit with a leak that has not been Yh repaired by the end of the 7 business day after detection 

shall not operate the dry cleaning machine, until the leak is 

repaired, without a leak-repair extension from the district. 

2. A district may grant a leak-repair extension to a facility, for a 

single period of 30 days or less, if the district makes the 

following findings: 

a. The delay in repairing the leak could not have been 

avoided by action on the part of the facility; 

b. The facility used reasonable preventive measures 

and acted promptly to initiate the repair; 

c. The leak would not significantly increase exposure to 

Perc near the facility; and 
d. The facility is in compliance with all other 

requirements of this section and has a history of 

compliance 

(j) Record keeping Requirements. 

(1) The following records shall be retained by all Perc facilities for at least 

5 years: 

(A) For each dry cleaning machine, a log showing the date and the 

pounds of materials cleaned per load; 

(B) Purchase and delivery receipts for the dry cleaning solvent 

indicating the volume in gallons; 

(C) For add-on or integral secondary control mact-line operations: the 

start time and finish time of each regeneration; and the 

temperature of chilled air on the outlet side of the refrigerated 

condenser; 

(D) The operation and maintenance checklists required by subsection 

(i)(2)(A) and the completed leak inspection checklists required by 

subsection (i)(3); and 

(E) For liquid leaks or vapor leaks that were not repaired at the time of 

detection, a record of the leaking component(s) of the dry cleaning 

system awaiting repair and the action(s) taken to complete the 

repair. The record shall include copies of purchase orders or other 

written records showing when the repair parts were ordered and/or 

service was requested. 

(2) The manufacturer's operating manual for all components of the dry 

cleaning system shall be retained for the life of the equipment. 

(3) The original record of completion of the environmental training program 

for each trained operator shall be retained during the employment of that 

person. A copy of the record of completion shall be retained for an 

additional period of two years beyond the separation of that person from 

employment at the facility. 

(4) All records, or copies thereof, shall be maintained in English and shall be 

accessible at the facility at all times. 

(k) Reporting Requirements. 

(1) The owner or operator of each Perc facility shall prepare an annual report 
which covers the period of January 1 through December 31 of each year. 

The facility owner or operator shall furnish this annual report to the district 

by the date specified by the district. The annual report shall include the 

following information: 

(A) A copy of the record of completion of the environmental training 

program for each trained operator; 

(B) The total of the pounds of materials cleaned; 

(C) The gallons of solvent purchased in the reporting period; 

(D) The make, model, serial number, and date of manufacture of the 

dry cleaning machine; 

(2) A district may exempt a source from subsection (k)(l) if the district 

maintains current equivalent information on the facility. 

(I) Water-repellir~g Operations. 

No person shall perform Perc water-repelling operations unless all materials are 

treated in a converted, primary control, add-on secondary control, or integral 

secondary control machine. Persons conducting water-repelling operations 

shall comply with the prohibitions and requirements in subsections (e), (0, (g), 

and (h). 

NOTE: Authority cited: Sections 39600, 39601, 39650, 39655, 39656, 39658, 39659, 

39665 and 39666, Health and Safety Code; Sections 7412 and 7416, Title 42, United 

States Code. Reference: Sections 39650, 39655, 39656, 39658, 39659, 39666 and 

39674, Health and Safety Code; Sections 7412 and 7414, Title 42, United States Code; 

and Sections 63.14, 63.99, 63.320, 63.321, 63.322, 63.323 and 63.324, Title 40, Code 

of Federal Regulation. 
Table 1. Summary of Perc Equipment Compliance Times for Existing Facilities 

I FACILITY OR EQUIPMENT TYPE I DATE OF COMPLIANCEl 

Drying Cabinet, or 

January 1,2008 

Dip Tank 

Converted Machine July 1, 2010 

Dry Cleaning Machines at 

Co-residential Facility July 1, 2010 

Closed-loo~ bhchines: Primary July 1, 2010 or 15 years after the date of manufacture, Control Machine; Add-on Secondary whichever comes later. 

Control Machine; or Integral Secondary 

Control Machine July 1, 2010 if age of machine cannot be determined. 

1. Final date(s) by which equipment shall be removed from service or use. 
Adopt section 93109.1, title 17, California Code of Regulations, to read as follows: 

Section 93109.1. Requirements for Perc Manufacturers. 

(a) Recordkeeping Requirement. 

Perc manufacturers shall keep monthly sales records (with invoices) of the 

gallons of Perc sold for use in dry cleaning in California. These records shall be 

retained for at least 5 years and shall be made available to ARB or the district 

upon request. 

(b) Reporting Requirement. 

By January 1, 2008, Perc manufacturers shall report to ARB contact information 

for all their distributors who sell Perc for use in dry cleaning in California. If 

there are changes to their list of distributors, Perc manufacturers shall report the 

change(s) to ARB within 30 calendar days after the change has occurred. 

(c) Violations. 

Any violation of this section may carry civil or administrative penalties as 

specified in state law and regulation, including, but not limited to, a penalty of not 

more than $35,000 under Health and Safety Code section 42402.4. 

(d) The provision of title 17, California Code of Regulation, section 93109, 

paragraphs (a), (b), (c), and (d) shall apply to this section. 

NOTE: Authority cited: Sections 39600, 39601 and 41998, Health and Safety Code. 

Reference: Sections 41 998 and 42402.4, Health and Safety Code. 
Adopt section 93109.2, title 17, California Code of Regulations, to read as follows: 

Section 931 09.2. Requirements for Perc ~istributors. 

(a) Record keeping Requirements. 

(1) The following records shall be retained for at least 5 years and shall be 

made available to the ARB or the district upon request. 

(A) For each dry cleaning facility, Perc distributors shall keep montt~ly 

sales records (with invoices) of the gallons of Perc and recycled 

Perc sold for use in dry cleaning in ~alifornia. 

(B) Perc distributors shall keep monthly purchase records (with 

invoices) of the gallons of Perc purchased for use in dry cleaning in 

California. 

(C) Perc distributors shall keep contact information for each California 

dry cleaner that purchased Perc and recycled Perc. 

(D) Perc distributors shall keep contact information for all their 

distributors who sell Perc and recycled Perc in California. 

(b) Reporting Requirements. 

(1) By January 1, 2008, Perc distributors shall report to ARB their contact 

information and, if applicable, the contact information for all their 

distributors who sell Perc and recycled Perc in California. 

(2) Perc distributors shall report to ARB any change(s) in their contact 

informaltion reported under (b)(l) above within 30 calendar days. 

(3) By January 31 of each year, Perc distributors shall report to ARB the 

annual gallons of Perc and recycled Perc sold to California dry cleaners 

from January 1 through December 31 of the previous year. 

(c) No later than 30 days after the issuance of an invoice from ARB, Perc 

distributors shall pay fees, based on the fee invoice schedule shown in Table 2. 

(d) Violations. 

Any violation of this section may carry civil or administrative penalties as 

specified in state law and regulation, including, but not limited to, a penalty of not 

more than $35,000 under Health and Safety Code section 42402.4. 

(e) The provision of title 17, California Code of Regulation, section 93109, 

paragraphs (a), (b), (c), and (d) shall apply to this section. 
NOTE: Authority cited: Sections 39600, 39601 and 41 998, Health and Safety Code. 

Reference: Sections 41 998 and 42402.4, Health and Safety Code. 

Table 2. Perc Fee Invoice Schedule 
SECTION II 

ATTACHMENT 3 

Summary of Compliance Times for 

Existing and New Facilities 
ATTACHMENT 3 

Summary of Compliance Times for Existing and New Facilities 

The major requirements and compliance dates of the Dry Cleaning ATCM are as 

follows: 

• Prohibited the installation or operation of new Perc dry cleaning 

machines beginning on January 1, 2008; 

• Eliminate the use of existing Perc machines at co-residential facilities 

(facilities that share a wall with, or are located in the same building as, 

a residence) by July 1, 201 0; 

• Require that converted machines, and machines that are 15 years or 

older, be removed from service by July I, 201 0; 

• Require that all Perc machines be removed from service once they 

become 15 years old (as a result, all remaining Perc machines must be 

removed from service by January I, 2023); and 

• Expanded good operating practices and recordkeeping and reporting 

requirements by January 1, 2008. 

A table of compliance time summary for existing Perc equipments is listed in the 

regulation order, Attachment 11-2, and is included below: 

Table 11 3-1. Summary of Perc EquipmentCompliance Times for Existing Facilities 

I FACILITY OR EQUIPMENT TYPE I 

Drying Cabinet, or 

Dip Tank January 1,2008 

I Converted Machine July 1, 2010 I 

Dry Cleaning Machines at 

Co-residential Facility 

Closed-loop Machines: Primary 

Control Machine; Add-on Secondary 

Control Machine; or Integral Secondary 

Control Machine 

July 1, 2010 

July 1, 2010 or 15 years after the date of manufacture, 

whichever comes later. 

July 1, 2010 if age of machine cannot be determined. 

January 1,2023 

1. Final date(s) by which equipment shall be removed from service or use. 
SECTION II 

ATTACHMENT 4 

Summary of Evaluation 
ATTACHMENT 4 

Summary of Evaluation 

I I I 

Equivalent 

Requirements Brief Description of Equivalency Finding 

Perc dry cleaning operations (i.e. equipment sellers, 

distributors, installers, Perc manufacturers and 

distributors) than what's required by the NESHAP. The 

more encompassing requirements in the ATCM will 

improve enforceability. 

I 1 I 

RULE COMPARISON OF DRY CLEANING NESHAPAND DRY CLEANING ATCM 

Awwlicabilitv 

which will only be phasing out transfer machines and 

Perc machines in co-residential facilities. 

] The ATCM applies to more individuals associated with 

1 

Compliance Dates - 

Prohibition of Eaui~ment + I 

Compliance Assurance Measures - 

Training 

The ATCM will phase out all Perc machines in 

California at least 10 years earlier than the NESHAP 

Compliance Dates - 

Required Controls 

Compliance Assurance Measures - 

1 Work Practice Requirements 

The training requirements in the ATCM ensure better 

compliance and reduced emissions. There is no 

d 

P 

Compliance Assurance Measures - 

Emissions Monitoring 

I equivalent requirement in the NESHAP. 

I The ATCM requires more strinaent leak checks and 

The required controls are in place 9 years earlier under 

the ATCM. 

The work practice requirements in the ATCM are more 

comprehensive than the requirements in the NESHAP. 

d ( requires quicker repair of part<once a leak is detected. 

Compliance Assurance Measures - 

Recordkeeping and Reporting 

Test Methods 

Are requirements for the compliance 

assurance measures equivalent 

overall7 

d 

4 

Are requirements equivalent overall7 I I 

I ALL REQUIREMENTS 

The ATCM requires annual reporting. 

The ATCM maintains equivalent or more stringent test 

methods. 

6 

Overall, the ATCM requirements are more stringent, 

comprehensive, and enforceable. I I I 

CALIFORNIA SPECIFIC PROGRAMS AND REGULATIONS 

The ATCM requirements are more comprehensive then 

the NESHAP. 

AB 1807 - California Toxic Air 

Contaminant Identification 

and Control Act 

AB 2588 - Air Toxics 'Hot Spots' 

Program 

SB 1731 - Risk Reduction Audits 

and Plans 

AB 998 - Non-toxic Dry Cleaning 

Incentive Program 

California Environmental Quality Act 

New Source Review Regulations 

Local Air Districts' Adopted Permit 

Programs 

Is the state/local equivalency 

request equivalent overall? 

&+ 

California specific programs and regulations enable 

more effective enforcement of the ATCM to further 

reduce Perc emissions from dry cleaning in California 

beyond what is required by the NESHAP. 

fi Compared to the NESHAP, the ATCM requirements 

are more stringent. California specific programs also 

enhance the enforcement of the ATCM and provide for 

additional Perc emissions reductions beyond what is 

required by the ATCM.