UNITED STATES ENVIRONMENTAL PROTEC'TION AGENCY 

REGION IX AIR DIVISION 

Evaluation for 

EPA's Proposed Rulemaking 

for California's 

Airborne Toxic Control Measure for Emissions of 

Perchloroethylene from Dry Cleaning and 

Water-Repelling Operations and Other Provisions 

Prepared by: Mae Wang 

August 12, 2010 
Agency: Califorr~ia Environmental Protection Agency, Air Resources Board 

Rule: Airborne Toxic Control Measure for Emissions of Perchloroethylene 

from Dry Cleaning and Water-Repelling Operations, Requirements 

for Perc Manufacturers, and Requirements for Perc Distributors, 

sections 93109, 93109.1, and 93109.2, Title 17 of the California 

Code of Regulations 

Became State law on December 27, 2007, and submitted to EPA on 

July 15, 2009 

Previously Approved Rule: 

Airborne Toxic Control Measure for Emissions of Perchloroethylene 

.from Dry Cleaning Operations, section 931 09, Title 17 of the 

California Code of Regulations 

Submitted on July 10, 1995, and approved on May 21, 1996 (61 FR 

25397) 

BACKGROUND 

Under the Clean Air Act (CAA) section 112(1), EPA is authorized to 

delegate to State agencies the authority to implement and enforce the National 

Emission Standards for Hazardous Air Pollutants (NESHAPs). The Federal 

regulations governing EPA's approval of State rules or programs under section 

112(1) are located at 40 C.F.R. Part 63, Subpart E. Under these regulations, a 

State has the option to request EPA's approval to substitute a State rule for the 

comparable NESHAP. Under this "rule substitution" option, EPA is required to 

make a detailed and thorough evaluation of the State's submittal to ensure that it 

meets the stringency and other requirements of 40 CFR 63.93. Upon approval, 

the State is given the authority to implement and enforce its rule in lieu of the 

NESHAP. 

On September 22, 1993, EPA promulgated the NESHAP for 

perchloroethylene (perc) dry cleaning facilities, which has been codified in 40 

CFR Part 63, Subpart M, National Perchloroethylene Air Emission Standards for 

Dry Cleaning Facilities (dry cleaning NESHAP) (see 58 FR 49354). On May 21, 

1996, EPA approved a request submitted by the California Air Resources Board 

(CARB) for approval to implement and enforce California's Airborne Toxic Control 

Measure for Emissions of Perchloroethylene from Dry Cleaning Operations 

(original dry cleaning ATCM) in lieu of the dry cleaning NESHAP (see 61 FR 

25397). 
On July 27, 2006, EPA amended the dry cleaning NESHAP (see 71 FR 

42743). In 2007, CARB revised the original dry cleaning ATCM (amended dry 

cleaning ATCM). On July 15, 2009, CARB submitted the amended dry cleaning 

ATCM to EPA for approval under 40 CFR 63.93. CARB's request for approval 

includes only those provisions of the dry cleaning NESHAP that apply to area 

sources. On February 4, 2010, the South Coast Air Quality Management District 

(SCAQMD) requested to be excluded from CARB's request for delegation. 

RULE SUMMARY 

The amended dry cleaning ATCM is implementing a ban on the use of 

perc in dry cleaning operations in California. Since January 1, 2008, there has 

been a prohibition on the installation or use of any perc dry cleaning machines at 

new facilities. Existing facilities must meet equipment and operational 

requirements until the existing machines are phased out in accordance with the 

time frames established in the amended dry cleaning ATCM. 

EPA EVALUATION 

When a State requests EPA's approval to substitute a State rule for the 

applicable CAA section 112 Federal rule, EPA is required to "make a detailed and 

thorough evaluation of the State's submittal to ensure that it meets the stringency 

and other requirements" of 40 C.F.R. section 63.93 (see 58 FR 62274). During its 

evaluation, EPA identified the following differences between the dry cleaning 

NESHAP and the amended dry cleaning ATCM requirements: 

Secondary controls for dry cleaning systems installed after December 21, 

2005: The dry cleaning NESHAP requires dry cleaning systenis to have 

refrigerated condensers with carbon adsorbers (i.e., with secondary 

controls) by July 27, 2006, or at startup (40 C.F.R. 5 63.322(0)(2)). The 

amended dry cleaning ATCM does not require secondary controls. Since 

the amended dry cleaning ATCM bans the sale of perc machines as of 

January 1, 2008, the difference in the two rules concerns systems installed 

between December 21,2005, and January I, 2008. However, since the 

original dry cleaning ATCM (currently federally-enforceable) required 

systems installed after April 1996 to have secondary controls, all systems 

installed between December 21, 2005, and January I, 2008, should have 

secondary controls. 

Refrigerator condenser monitoring for non-secondary control dry cleaning 

systems: The dry cleaning NESHAP requires refrigerator condensers to be 

monitored weekly with a temperature sensor (40 C.F.R. 5 63.323(a)(I)). 

The amended dry cleaning ATCM requires only secondary control 

machines to keep records of temperature, which must be recorded every 

regeneration (which itself is required at least weekly) (§ 931 09(i)(2)(A)(2) 

and (j)(l)(C)). The amended dry cleaning ATCM does not specify how 

often non-secondary control machines must monitor. However, since (i) 
.the original dry cleaning ATCM (currently federally-enforceable) required 

systems installed after April 1996 to have secondary controls, and (ii) the 

amended dry cleaning ATCM presently bans machines built before August 

1995, the difference in the two rules is limited to machines built between 

August 1995 and April 1996. This difference will be moot as of May 201 1, 

when all perc machines manufactured before May 1996 are banned. 

Leak detection: The dry cleaning NESHAP (i) defines a "vapor leak" as a 

perc vapor concentration exceeding 25 parts per million by volume (ppmv) 

(50 ppmv as methane); (ii) requires weekly or bi-weekly inspections for 

perceptible leaks; and (iii) requires monthly inspections for vapor leaks 

using a halogenated hydrocarbon (HH) detector or perc gas analyzer 

capable of detecting perc vapor concentrations of 25 ppmv (40 C.F.R. §§ 

63.321 and 63.322(k), (I), (o)(l)). The amended dry cleaning ATCM (i) 

defines "vapor leak" as a perc vapor concentration exceeding 50 ppmv 

from a portable analyzer or, presumably, exceeding 25 ppmv from a HH 

detector; (ii) requires weekly inspections for vapor leaks using a portable 

gas analyzer or HH detector; and (iii) requires annual inspections for vapor 

leaks using a portable detector that gives quantitative results with less than 

10 percent uncertainty at 50 ppmv of perc (§ 931 09(d)(25) and (53), and 

(i)(3)(A)-(B)). Thus, if a gas analyzer is used to detect vapor leaks (rather 

than a HH detector), the amended dry cleaning ATCM has a higher leak 

detection limit than the dry cleaning NESHAP (50 ppmv as opposed to 25 

ppmv), but requires more frequent gas analyzer inspections (weekly as 

opposed to monthly). 

Some of the above differences in the rules will have little or no practical 

effect. Others may have some effect on emissions for a limited amount of time. 

However, the clear benefits in terms of perc emission reductions from California's 

current ban on some perc dry cleaning systems and ultimate ban on all perc dry 

cleaning systems far outweigh the slight differences between the two rules. In 

addition to California's previous prohibition of transfer, vented, and self-service 

perc dry cleaning machines, the amended dry cleaning ATCM phases out other 

perc dry cleaning systems as follows: 

By January 1,2008: 

Sale or new lease of any perc dry cleaning machine prohibited 

Installation or operation of any perc dry cleaning machine at a new 

facility prohibited 

Perc water-repelling operations at a new facility prohibited 

Perc drying cabinets and dip tanks prohibited 

By July 1, 201 0: 

Perc converted machines prohibited 

Perc dry cleaning machines at co-residential locations prohibited 

Perc closed-loop machines older than 15 years (i.e., manufactured 

before July 1995) or of uncertain age are prohibited 
Between July 1,201 0, and January 1,2023: 

Perc closed-loop machines manufactured on or after July 1995 to 

be phased out based on age - prohibition on perc closed-loop 

machines 15 years after date of manufacture 

By January 1,2023: 

All perc dry cleaning machines prohibited 

Unlike the dry cleaning NESHAP, which prohibits or will eventually prohibit 

only a subset of dry cleaning systems (e.g., transfer machines, co-residential dry 

cleaning machines), the amended dry cleaning ATCM will ultimately ban all perc 

dry cleaning systems in California. EPA believes that approval of the amended 

dry cleaning ATCM will result in emission reductions from each affected source 

that are no less stringent than would result from the dry cleaning NESHAP. 

EPA ACTION 

After reviewing CARB's request for approval of its amended dry cleaning 

ATCM, EPA has determined that CARB's request meets all the requirements 

necessary to qualify for approval under CAA section 112(1) and 40 CFR 63.91 and 

63.93. EPA staff recon- mends granting California the authority to implement and 

enforce its amended dry cleaning ATCM in place of the dry cleaning NESHAP, 

with the following exceptions: 

Major sources in California remain subject to the dry cleaning 

NESHAP 

Area sources in SCAQMD remain subject to EPA-approved 

SCAQMD Rule 1421 

Provisions of the amended dry cleaning ATCM that allow for 

approval of alternative means of emission limitations must also 

receive EPA approval before the alternatives can be used (e.g., 

§93109(d)(27) and (38), and (i)(3)(A)(2)) 

Provisions of the amended dry cleaning ATCM regarding 

California's enforcement authorities or its collection of fees (§§ 

931 09.1 (c) and 931 09.2(c) and (d)) are beyond the scope of the 

delegation 

Although California would have primary implementation and enforcement 

responsibility, EPA would retain the right, pursuant to CAA section 112(1)(7), to 

enforce any applicable emission standard or requirement under CAA section 112. 

Upon approval, the amended dry cleaning ATCM would be the Federallyenforceable standard in California and would be enforceable by the Administrator 

and citizens under the CAA.