# 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 enforcethe ARB's 2007 Airborne Toxic Control Measurefor Emissions of Perchloroethylene (Perc) Associated with Dry Cleaning Operations and Requirementsfor Perc Manufacturers and Distributors (Dry Cleaning ATCM) in lieu of the 2007 National Emission Standards for Hazardous Air Pollutantsfor Perc Dry Cleaning Facilities (Dry Cleaning NESHAP)for area source dry cleaning operations. Because of recent amendments to boththe Dry Cleaning NESHAP and the Dry CleaningATCM, ARB has revised California's equivalency demonstration. Accordingly, ARB submits the application pursuant to the provisions inthe 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 enforcethe Dry Cleaning ATCM.
In 1996, ARB's initial applicationfor rule substitution and delegation for ARB's 1993 Dry CleaningATCM 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 provisionsof 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 NESHAPfor 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 Programfor 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 waysyou 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

93110) and other California-specific program and regulations, will result in greater emission reductions than the Dry Cleaning NESHAP. California's Dry CleaningATCM is designedto phase out the use of Perc in dry cleaning as well as ensure proper operationof Perc dry cleaning machines until the machines are phased out by removal from service through three essential elementsworking in concert. These elements are: 1) prohibitionof the installationof new Perc machines and the gradual prohibition of existing Perc machines and associated equipment through the equipment's required removalfrom service, 2) enhanced operation and maintenance requirements for existing Perc machines, and 3) continued recordkeeping, reporting, and environmental training requirements. We are submittingthis applicationon behalf of the districts in California that are implementing and enforcing the Dry Cleaning ATCM. Section 39666 of the California Healthand Safety Code allowsthe districts to directly implement and enforceATCMs that theARB has approved. However,the districts can also adopt their own regulation provided that it is at least as stringent as theARB adopted regulation. The districtsthat adopt their own dry cleaning regulationswill be applying separatelyto the U.S. EPAfor approval, althoughARB expects the districts to use relevant partsARB'Sapplication in support of their submittal. Foryour review, the application is enclosed. The application follows theformat of the previouslyapproved application and the guidance contained inthe Technical Assistance Documentfor the Submission of StateILocalTTribalRequestsfor Delegation and Approval of Alternativesto 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 resourcesfor section 112 programs and rules except section 112(r). California has not resubmittedthe application's section Isince EPA's earlier approval for section Iof the initial equivalency application remains in place with the exception of an updateto section I,Attachment 2. (See Federal Register, Volume 61, page25397 for the approval's applicability to future delegation requests.) The approved initial equivalencyapplication, section I, Attachment 2 contained a copy of the California Healthand Safety Code statutes entitled CaliforniaAir Pollution Control Laws, 1995 Edition. Includedwith the application is the 2009 edition of the same in place of the older version. Section II specifically addressesthe request for delegationof the Dry Cleaning ATCM.

### Ms. LauraYoshii July 15, 2009 Page 3

Iwish to acknowledge with sincere appreciation,the effortsthat you and your staff have made to address and resolve issues as they have occurred duringARB staffs preparation of California's equivalencyapplication. Ifyou 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. 

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# ILL=- I I~xecutive Officer 

# 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 Measurefor 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 LegdlAffairs

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 LEGALAUTHORITY 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 tothe 2009 edition of the same. 

### SECTION II CRITERIA SPECIFIC TO THE PARTIAL EQUIVALENCY APPLICATION FOR SUBSTITUTION OF THE PERCHLOROETHYLENEDRY CLEANINGATCM FOR THE NATIONAL EMISSIONSTANDARDS FOR HAZARDOUSAIR POLLUTANTS FOR PERCHLOROETHYLENEDRY CLEANING FACILITIES Application for Subpart EApproval--Equivalency for Subpart M--National Perchloroethylene air Emission Standardsfor Dry Cleaning Facilities Part 1: 

### General Information Part 2: Criteria Common to All Options Part 3: Criteria Specificto 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, Requirementsfor 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 LegalAuthority and Resourcesfor Section 1 12 Programs and Rules Except Section 112(r)SECTION I Demonstrationof Adequate LegalAuthority and Resourcesfor Section 112 Programsand 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 inthis 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 updatedto 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 HazardousAir Pollutants for Perchloroethylene Dry Cleaning FacilitiesSECTION 

### II Criteria Specific tothe Partial EquivalencyApplication for Substitution ofthe Perchloroethylene Dry CleaningATCM for the National Emission Standards for Hazardous Air Pollutantsfor Perchloroethylene Dry Cleaning Facilities Application for Subpart E Approval Equivalency for Subpart M National PerchloroethyleneAir Emission Standardsfor 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 COMMONTO ALL OPTIONS 2.1 State Attorney General's Finding that California Has 2-1 Adequate Legal Authority to Implement and EnforceAll Section 112 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 112(r)
2.3 Demonstration of Adequate Resourcesto Implement and 2-1 Enforce All Section 112 Programs and Rules Except Section 112(r) 2.3.1 Narrative Descriptionof 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
2.3.1b Narrative Description of the Dry Cleaning ATCMSECTION 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 StaffWho Will Carry Out 2-1 All Section 112 Programs and Rules Except Section 112 (r)
2.4 Demonstration of Expeditious Implementation of the Dry Cleaning ATCM
2.5 Compliance PlanJProgram 2-1
PART 3: CRITERIA SPECIFICTO 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 RequirementsSECTION 

### 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 Measurefor Emissionsof Perchloroethylenefrom Dry Cleaning andWater-Repelling Operations, Requirementsfor 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 RegulationsAPPLICATION FOR SUBPART E APPROVAL EQUIVALENCY FOR SUBPART M NATIONAL PERCHLOROETHYLENEAIR EMISSION STANDARDS FOR DRY CLEANING FACILITIES §§63.320--63.325
PART 1. GENERAL INFORMATION
1

### .I Agency Information California Environmental ProtectionAgency Air Resources Board P.O. Box 2815 Sacramento, California 9581 2 Contact: Mr. Daniel E. Donohoue, Chief Emissions Assessment Branch (91 6) 322-8277 (91 6) 327-6251 fax
1.2 Title 

### V Information There are no Title V dry clearringfacilities 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 CleaningATCM) to be implemented and enforced in place of the 1993 National Emission Standardsfor Hazardous Air Pollutantsfor Perchloroethylene Dry Cleanivg Facilities (Dry Cleaning NESHAP) for area sources. The approved application hadtwo sections: Section 

### Icontainedthe 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 CleaningATCM were amended in2006 and in2007, 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 applicabilityto 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 ofthe same in place of the older version. Similartothe 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 NESHAPto 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)

## - Requirementsfor 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 

## (563.91) 

### PART 2. 

### CRITERIA COMMONTO 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 112(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 EnforceAll 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 ofAdequate ~esources to Implement and EnforceAll Section 112 Programs and Rules Except Section 112(r). [§63.91(d)(3)(iii)]
2.3.1 Narrative Descriptions of California Toxic Programs and Perchloroethylene Dry Cleaning Rule:
2.3.1a Narrative Description of California's Programfor the Control of Toxic Air Contaminants: The approved (61 Fed.Reg. 25397) initial equivalency application, Section I, Attachment 3 is still in place.
2.3.1b Narrative Description of the Dry Cleaning ATCM: Section II, Attachment 1.
2.3.2 Description of the Organization and Structure of the DistrictsThat Will Administer All Section 11 2 Programs and Rules Except Section 112(r): the approved (61 Fed. Reg. 25397) initial equivalency application, Section I, Attachment 4 isstill in place. 2.3.3 Description of the Agency StaffWhoWill Carry Out All Section 112 Programs and Rules Except Section 112(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.NFOR 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 Pollutantsfor 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 December21,2005, and U.S. EPA's amendment of the Dry Cleaning NESHAP on July 27,2006. U.S. EPA subsequently further revisedthe Dry Cleaning NESHAP on Jl,~ly11, 2008, to correct applicability cross references and to clarify a requirement. The revised Dry Cleaning NESHAP has specific requirementsfor 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 NESHAPfor 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 therequirements specific to each of the two regulations. A summary of the evaluation is provided inAttachment 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 inAttachment 6. The evaluation shows that the requirementsof 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 providefor 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 .theowner or operator of a dry cleaning facility that uses Perc and exempts coin-operated sources. The Dry Cleaning ATCM is more stringent in applicability becausethe Dry Cleaning ATCM does not providefor 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 separatesthe 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 delegationfor 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. Underthe Dry Cleaning NESHAP, new facilities have more stringent machine requirements compared to existing facilities such as requiring both primary and secondary control machinesfor 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 lessstringent but it does impact compliance dates as will be discussed in subparts 3.3 and 3.4.
3.3 

### Levelsof Control The types of compliance and enforcement measures contained in the Dry Cleaning ATCM are more stringent and result in more emission reductionsthan 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 inthe interim, training requirements for operators of Perc niachines, and good operating practices for Perc machine operators all contributeto emissions reductions. Each of these aspects of emissions reductions provided by the two regulations will be discussed in turn below.
3.3.1 

### Prohibitionof Perc Machines The most effective means of emissions reductions isthe prohibition of Perc machines. The Dry Cleaning ATCM requires a phase out of all Perc machines operating in California. Underthe Dry Cleaning ATCM, Perc machines in co-residential facilities, converted Perc machines, and Perc machinesthat are 15years or older are requiredto be removed from service by July 1, 2010. All remaining Perc machines must be removed from service upon reaching 15years of age but no later than January 1,2023. By comparison, the Dry Cleaning NESHAP will only requirethe phase out of the co-residential sourceswith 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. Ifthere were co-residential facilities in California that started operation inthat time frame, the Dry Cleaning ATCM would require their Perc machines to be replaced with non-Perc machines by July 1,2010, about one year later than July 29, 2009,asrequired 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 CleaningATCM 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 convertedfrom 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 inoperation in California under the Dry Cleaning ATCM. These machine types are: converted machines (vented machines that have been convertedto machines with primary control), machines with primary control, and machineswith both primary and secondary controls. The Dry Cleaning ATCM prohibitsthe 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 Percfacility 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 anARB 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 93110). To assist with compliancewith the training requirements,the ARB regularly compiles a list of individuals and organizations authorizedto conduct the training courses and lists courses that are scheduled inthenext few months. There is no similar provision in the Dry Cleaning NESHAP. The Dry Cleaning ATCM is more stringent inthat it providesfor 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 Percwastes specified by the two regulations include: drain time for filter cartridges before being discarded and storage of Perc wastes in sealed containers. Boththe 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 tothe 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 Percwastes 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 andARB is not applying for equivalency for major sources. Upon detection of a leak, both regulations require leak repairs within a specifiedtime 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) requiresthe local air districtsto implement and enforce the ARB'Sadopted 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 adoptedthe amendmentsto the 1993 Dry ClearringATCM on January 25,2007; the 2007 Dry CleaningATCM was effective under State law on December 27, 2007. Therefore, the districts must implement and enforce the Dry CleaningATCM by April 25, 2008, or adopt their own regulation by June 24, 2008. The first important compliance requirement contained in the Dry CleaningATCM 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 providesfor effective enforcement of the compliance dates specified in the Dry CleaningATCM. In addition, local air districts also have new source review regulations in place which can potentially further reducethe amount of Percthat maybe emitted beyond what the ATCM requires. All districts are currently enforcingthe Dry CleaningATCM.
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 prohibitedthe 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 December21, 2005, and July 13, 2006, by July 27, 2009, and the complete removal of the remaining co-residential Perc machines by December21, 2020.
Incomparison,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 15years or older are requiredto be removed by July 1,201 0; all remaining Perc machines must be removed upon reaching 15years of age but no laterthan 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 December21,2005 and July 13, 2006, that would have been requiredto remove their Perc machines by July 27, 2009, under the Dry Cleaning NESHAP that would not be removed until June 30, 2010, underthe Dry Cleaning ATCM. Inthis limited aspect, the Dry Cleaning NESHAP is more stringent than the Dry CleaningATCM. 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 inthat both regulations require annual reporting, maintaining manualsfor machines and abatement equipment, weekly maintenance recording, and retaining these recordsfor five years. However,the Dry Cleaning ATCM requirements are more extensive inthat 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 bythe 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 requirementof the amount of materials cleaned. Another difference between the two regulations isthat 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 prohibitedthe installation of new Perc machines in California on and after January 1, 2008. All existing Perc facilities have been permitted bythe local air districts to support appropriate compliance and enforcement actions. Local air districts maintainthe records and permits for each of the dry cleaning facilities in California and have more than a decade earlier required initial reportirrgfor all existing dry cleanirrg facilities underthe 1993 Dry CleaningATCM. Therefore, the reporting and recordkeeping requirements of the Dry ClearlingATCM are more stringent comparedtothose 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 totheir previous versions with the Dry Cleaning ATCM being more stringent compared tothe Dry Cleaning NESHAP. The Dry Cleaning NESHAP added requirementsfor an enhanced leak detection and repair programwhereby small and large sources are required to conduct monthly leak checks using a halogenatedleak 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 requirementto 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 requirementsof 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 CleaningATCM 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-residentialfacilities that started-up between December 21, 2005 and July 13, 2006. However, there were no new co-residential facilities in California after December 2005. Lastlythe Dry Cleaning NESHAP requires the complete removal of the remaining Perc machines from co-residential facilities by December 21, 2020. Asmentioned 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 requirementsare 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 mechanismfor 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. Inaddition, 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 Programfor 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 beforethe 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. Inaddition, 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 CleaningATCM is more stringent than the Dry Cleaning NESHAP.

# SECTION 

# II

ATTACHMENT 

# 1 Narrative Description of the Dry CleaningATCMATTACHMENT 

### 1 NARRATIVE DESCRIPTION OF 'THE DRY CLEANING ATCM On October 14, 1993,the CaliforniaAir 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, amendmentsto 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, 93109.1, 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 oncethe 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 daysfollowing 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 inAttachment 2. 1. Applicability The Dry Cleaning ATCM apply to any personwho 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 inthe 1993 Dry Cleaning ATCM, the ownerloperator of a facility shall not operate any equipment relatedto Perc dry cleaning operations, such as: a transfer machine, any reclaimer or other device inwhich materials that have been previously dry cleaned with Perc are placedto 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 bythe same person for a period of 180days or more, excluding short-term housing such as a motel or hotel room rented and occupied bythe same person for a period of less than 180days. 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 1,2010. However, prior to this phase out date, all Perc co-residential facilities are requiredto follow good operating practices as specified inthe Dry Cleaning ATCM and outlined in Part 

### 6 ofthis 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 inwater-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 machineafter 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 replacedwith 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. Ifthe 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 replacedtheir 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 befound 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 requiredto 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 15years 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. Finaldate(s) by which dry cleaning equipment shall be removed from service or use.

Underthe Dry Cleaning ATCM, the length of time to notifythe local air district when a trained operator leaves the employment of the facility has been reducedfrom 30 days to15 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 pertainingto 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 requiredto 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 requiredto 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 additiontothe 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 localair 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 inthe 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-ragedto keep mileage records to assist them in determining the efficiency of ,theirequipment.
9. Water-repelling Operations
All materials to be treated with Percwater-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 inthe Dry Cleaning ATCM (see Attachment 2).
10. Requirements for Perc Manufacturers and Distributors Information gathered under the following two new sections inthe 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 41998 (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 toARB or the local air districts upon request.
Inaddition, by January 1, 2008, Perc manufacturers shall report to ARB contact informationfor all their distributors who sell Percfor use indry cleaning in California. If there are changes to their list of distributors, the manufacturers are required to report the change(s) toARB 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 leastfive 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. Ifthere are changes to their list of distributors, Perc distributors shall report ,thechange(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 reportto 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 inTable 

### 11 1-2and 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

2014-2022 Perc Fee per GallonSold (in U.S. Dollars) $3.00
$4.00
$5.00 $6.00 $7.00

- $8.00 InvoiceCycle

August 16,2004through December 31,2004 

# ---- January I,2005 through June 30,2005 July 1,2005 throughDecember 3I,2005 January 1,2006through December 3 1,2006 January 1,2007through December 31,2007 January 1,2008through December 3 1,2008 January 1,2009through December 31,2009 

# --- $9.00 $10.00 $1 1.00 $12.00

$12.00 January 1,201 0 through December 31,201 0 January 1,2011 through December 3 1,2011 January 1.2012 through December 3 1,201 2 January I, 2013 through December 3 1,201 3 February 20 15and January l,2014 through December 31,2014,and each subsequent calendaryear through 2022 thereafter through

# SECTION II

ATTACHMENT 

# 2 Final Regulation Orders Airborne Toxic control Measure for Emissions of Perchloroethylenefrom 

# Dry Cleaning and Water-Repelling Operations, Requirementsfor Perc Manufacturers and Requirementsfor Perc Distributors

### ATTACHMENT

### 2 FINAL REGULATION ORDER: AIRBORNE TOXIC CONTROL MEASURE FOR EMISSIONSOF PERCHLOROETHYLENE FROM DRY CLEANINGAND WATER-REPELLING OPERATIONS APPROVED BY THE OFFICE OF ADMINISTRATIVE LAW ON DECEMBER27,2007 Amend section 93109, titles 17,CaliforniaCode of Regulation, to read as follows: 

### Section 93109. 

### Airborne Toxic Control Measure(ATCM) for Emissionsof Perchloroethylene from Dry Cleaningand Water-Repelling Operations. (a) Purpose. The purpose of this control measure isto phase-outthe 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 personwho 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 controlmachine" 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) "Carbonadsorber"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."Cartridgefilter" 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 inthe same single unit (also known as dry-to-dry) and which recirculates Perc-ladenvapor through a primary control systemwith 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-ladenvapor with no exhaust to the atmosphere orworkroom 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 recirculatingthrough the drum to reducethe concentration of Perc inthe 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"meansthe 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. "Drycleaning" means the process usedto remove soil, greases, paints, and other unwanted substances from materials with Perc. "Drycleaning equipment"means any machine, device, or apparatus that uses Percto 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. "Drycleaning machine" means any dry cleaning equipment that is usedto 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 inwhich 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 inthe 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 trainingprogram" 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."Existingfacility" means any facility that operated dry cleaning equipment priorto 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 ofthe dry cleaning equipment and routesthose vapors to a device that reduces the mass of Perc priorto exhaust of the vapor to the atmosphere. "Gallonsofperchloroethylene purchased" meansthe 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 indicatorthat 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 packagewith a specific make and model of dry cleaning machine and primary control system. "Liquidleak" 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. "Muckcooker" means a device for heating Perc-laden waste materialto volatilize and recover Perc. (31) "New distributor"means.any personwho begins ,thesale of Perc, directly or indirectly, to dry cleaners in California after January 1, 2008. (32) "Newfacility" means a facility that did not operate any dry cleaning equipment prior to January I, 2008. Facilities that are relocatedto 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 intitle 17, California Code of Regulations, section 93000. (36) "Poundsofmaterials 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 usedfor 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, inthe aggregate, that is adequate to accommodate at least one person from each facility in the district requiredto certify a trained operator at that time. (40) "Reclaimer"means a machine, device, or apparatus used only to remove residual Percfrom 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 Percvapors are introduced and recovered by cooling belowthe 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 180days or more, excluding short-term housing such as a motel or hotel room rented and occupied by the same person for a period of lessthan 180days. (46) "Secondary control system" means a device or apparatus (typically a carbon adsorber), that reducesthe concentration of Perc inthe 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 usedto recover Perc from a water-Perc mixture. (49) "Solvent"means a liquid substance other than water used in dry cleaning equipment. (50) "Trained operator" meansthe 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 inthe 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 inwhich washing, extraction, and drying are all performed inthe same single unit and in which fresh air is introduced into the drum inthe 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-repellingoperations"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) Requirementsfor Existing Facilities. The ownerloperator of each existing facility shall meet the following applicable requirements as follows and as shown inTable 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, 2010, or 15years 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. Ifthe 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 requiredto 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 bethe owner, the operator, or another employee of the facility, who successfully completes the initial course of an environmental training programto become a trained operator. Evidence of successful completion of the initial course shall bethe original record of completion issued pursuant to title 17, California Code of Regulations, Section 93110. (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 bethe 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. Notifythe 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. Ifthe 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 inthe facility's operating permit. For operations not specifically addressed, the components shall beoperated and maintained inaccordance 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 untilthe 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 inthe filter housing, before'di~~osal, for no less than: 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. Ifthe filters are then transferred to a separate device to further reducethe 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 reducethe 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 eachworkday 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 morefrequent. 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 lessthan 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 leakthat has been detected by the operator shall be noted on the checklist and repaired accordingto 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. Forthe 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 makesthe following findings:

a. The delay in repairingthe leak could not have been avoided by action on the part of the facility; b. The facility used reasonable preventive measures and acted promptlyto initiate the repair;

c. The leakwould not significantly increase exposure to Perc near the facility; andd. 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 receiptsfor the dry cleaning solvent indicating the volume in gallons; (C) For add-on or integral secondary control mact-lineoperations: 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 alltimes. (k) Reporting Requirements. (1) The owner or operator of each Perc facility shall prepare an annual reportwhich 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 includethe following information: (A) A copy of the record of completion of the environmental training programfor 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 sourcefrom subsection (k)(l) if the district maintains current equivalent information on the facility. (I) Water-repellir~g Operations.
No person shall perform Percwater-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 EQUIPMENTTYPE 

# 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 bedetermined.

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 reportto 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 reportthe 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 41998 and 42402.4, Health and Safety Code.Adopt section 93109.2,title 17,California Code of Regulations,to read as follows: Section 93109.2. Requirementsfor 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 informationfor 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 reporttoARB 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 toARB 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 laterthan 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 41998, Health and Safety Code. Reference: Sections 41998 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 FacilitiesATTACHMENT3 Summary of ComplianceTimes 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;

• Eliminatethe 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, 2010;

• Require that converted machines, and machines that are 15years or older, be removed from service by July I, 201 0;

• Require that all Perc machines be removed from service once they become 15years 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 FACILITYOR 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 IntegralSecondary 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 EvaluationATTACHMENT 

### 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 inthe ATCM will improve enforceability. I 1 I RULE COMPARISON OF DRY CLEANINGNESHAPAND 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

## - Prohibitionof Eaui~ment + 

# I

ComplianceAssurance Measures

### - Training The ATCM will phase out all Perc machines in California at least 10years 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 requirementsin 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 forthe 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 stringenttest methods. 

# 6 Overall, the ATCM requirements are more stringent, comprehensive, and enforceable. I I I CALIFORNIA SPECIFIC PROGRAMS AND REGULATIONS TheATCM requirements are more comprehensive then the NESHAP.

AB 1807

### - California Toxic Air Contaminant Identification and ControlAct AB 2588

### -Air Toxics 'Hot Spots' Program SB 1731- Risk ReductionAudits and Plans AB 998

### - Non-toxic Dry Cleaning Incentive Program California Environmental Quality Act New Source Review Regulations LocalAir Districts' Adopted Permit Programs

Isthestate/local equivalency requestequivalent overall? 

# &+ California specific programs and regulations enable more effective enforcementof the ATCM to further reduce Perc emissionsfrom dry cleaning in California beyondwhat 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 beyondwhat is required by the ATCM.