### Enclosure 1. APPLICATION FORSUBPART E APPROVAL PART 1 . GENERAL INFORMATION 1.1 Agency Information Maine Department of Environmental Protection Station State House 17 Augusta, Maine 04333 Contact: Lisa Higgins Phone: (207) 287-2437 Fax: (207) 287-7641 1.2 Title VInformation The Maine DEPwas given interimapproval for its Operating Permits Programon March 24, 1997. The FRnotice documenting this approval appeared in the February 21, 1997 issue (62 FR 7939) . The direct final rule took effect December 17, 2001, after publication in the October 18, 2001 Federal Register (66 FR 52874) . 1 .3 Other 112(1) delegations On July 15, 2002 (67 FR46393), EPAgranted Maine DEP up-front approval for a Section 112(1) delegation request for equivalency by permit provision for NESHAPs fromthe pulp and paper industry. In addition, Maine received straight delegation for NESHAPs that it has incorporated by reference on February 23, 1999 and September 2, 2001 . On April 24, 2006, EPA approved Maine's Chapter 125regulation for area source dry cleaners as a substitute for the National Emission Standards for Hazardous Air Pollutants for Perchloroethylene Dry Cleaning facilities at 40CFR Part 63, Subpart M

(Dry Cleaning NESHAP) . 1 .4 Delegation option Rule Substitution (Section 63.93) 1 .5 Agency Certification 1, the undersigned, do hereby certify that the information contained in this application is correct to the best ofmy knowledge. Signature: !~Q~Y' el_,~ Date: 12-11-01?

James P . Brooks Director, Bureau ofAir Quality

12/11/09 9:15AM

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### Enclosure 3 Equivalency Demonstration Narrative 2009 Maine Department of Environmental Protection Partial Substitution of Chapter 125 Perchloroethylene Dry Cleaners Regulation for

40 CFR63, Subpart M (non-major source dry cleaners) On April 24, 2006, EPAapproved Maine's Chapter 125 regulation for area source dry cleaners as apartial rule substitution for theNational Emissions Standards for Hazardous Air Pollutants for Perchloroethylene Dry Cleaning Facilities (DryCleaning NESHAP) . On July 27, 2006, September 21, 2006 andJuly 11, 2008 EPA amendedthe federal Dry Cleaning NESHAP

. On June 24, 2009, Maine DEP amended its regulation to incorporate the revised Dry Cleaning NESHAPrequirements. The following narrative outlines the differences between The Maine Department of Environmental Protection's Chapter 125 Perchloroethylene Dry Cleaners Regulation requirements and federal MACT standards and demonstrates how

Maine's rule is equivalent to or more stringent than MACT . Applicability Sources MACT: Dry cleaning facilities that use perchloroethylene. 125: Dry cleaners which are area sources ofperchloroethylene in the State of Maine . Chapter 125 applies only to area source dry cleaners. Maine seeks only a partial rule substitution. Chapter 125 specifies that major source dry cleaners (none ofwhich currentlyoperate in Maine) must comply with the federal MACT. Based on 2008 emissions inventory data, Maine has approximately 30registered perchloroethylene dry cleaners. Among those reporting, the highest annual perc consumption was 440gallons. Categories MACT: Draws a distinction between large and small area sources, exempting those that

consume fewer than 140gallons of perchloroethylene per year fromsome requirements. 125: Makes no distinction between large and small area sources. Chapter 125 applies to all new and existing area source dry cleaners. Area sources are those sources with a twelve-month rolling total consumption ofperc of 2100gallons or less. Based on 2008 annual emissions inventory data, about 85% ofdry cleaners in Maine use less than 140gallons ofperc per year and would therefore be exempt from some requirements under MACT. Maine's rule is more stringent. Exemptions MACT: Exempts coin operated dry cleaning machines fromrequirements. 125: Provides no exemption for coin operated dry cleaning machines. Chapter 125 provides no exemption for coin-operated dry cleaning machines. Noneof these machines are known to exist in the state and this regulation effectively eliminates Equivalency Demonstration Narrative Maine DEPChapter 125 Perchloroethylene DryCleaner Regulation for 40 CFT 63, Subpart M 1

### the possibility oftheir installation in the future, making Maine's Chapter 125 more

stringent than MACT. Maine's rule is more stringent. Compliance Dates MACT: Varies depending on date construction commences. 125 : June 24, 2009 The General Applicability section ofthis rule states that the "regulation applies to all new and existing area source dry cleaners in the State of Maine upon the effective date ofthe regulation. . ." Thus, any source commencing operation after said effective dates shall be in compliance at the time ofstartup. Applicable MACT compliance dates were in effect for Maine sources prior to adoption ofthe 2007 amendments and Chapter 125 Section 3 incorporates the new

MACT compliance date requirements. Standards and Work Practices Transfer Machines MACT: Effectivelyprohibits transfer machines as ofJuly 28, 2008. 125 : Does not provide relaxed control requirements for transfer machines. Chapter 125prohibits the use and installation oftransfer machines as ofJanuary4, 2003. Maine's rule is more stringent. New Source Carbon Adsorber in Door MACT: Requires new

major sources to pass the air-perchloroethylene gas-vapor stream through a carbon adsorber before or as the door of the dry cleaning machine is opened. All dry cleaners constructed or reconstructed after December 21, 2005 must also meetthis requirement. 125 : Requires the same ofall new sources. Chapter 125 requires all new area sources to install a closed loop refrigerated condenser systemwith a small carbon adsorber and a door fan that draws air into the drum to collect any fugitive emissions that mayresult when the door is opened. Refrigerated condenser systems MACT: Requires refrigerated condensers used for compliance with new technology standards to not use the same RCcoil for the washer that is used by a dry-to-dry machine, dryer, or reclaimer. 125 : Does not specify this requirement. Separate washer, dryer and reclaimer are components oftransfer machines which are prohibited under the rule. Inspection Equivalency Demonstration Narrative Maine DEPChapter 125 Perchloroethylene Dry Cleaner Regulation for 40 CFT 63, Subpart M 2

### MACT: Requires weekly inspection for perceptible leaks at major sources, bi-weekly at

area sources, and requires monthly inspection with halogenated hydrocarbon detector or PCE gas analyzer, which can substitute for perceptible leak inspection. 125: Requires weekly "sensory" and halogenated hydrocarbon detector inspections for all sources. Area source dry cleaners in Maine are already required to conduct weekly "sensory" inspections ofdry cleaning components. In addition, theJune 24, 2009 Chapter 125 amendments require weekly inspections for leaks with a halogenated hydrocarbon detector or PCE gas analyzer . Chapter 125 requires all dry cleaners to check for leaks weekly, rather than biweekly as required under MACT for small area sources. Chapter 125 also requires all dry cleaners to perform

weekly monitoring ofcontrol devices. MACT exempts small area sources fromweekly monitoring. Repair ofLeaks MACT: Repairs must be made within 24 hours ofdetection; repair parts not on hand must be ordered within two working days and installed within five working days after receipt. 125: Same timeframewith maximum of 15 days ofoperation while leaking . Under MACT, a leaking dry cleaning machine could be operated indefinitely ifrepair parts are unavailable. A15-day maximum prevents this fromhappening. Requirementsfor Dry Cleaners Located in a Building with a Residence MACT: Adry cleaning systemlocated in a building with a residence must eliminate perc emissions after December 21, 2020 . MACT prohibits new or relocated dry cleaners in a building with a residence as ofJuly 13, 2006. 125: Requires the same ofdry cleaners located in a building with a residence and other facility occupied by children or the elderly. Chapter 125prohibits the installation of a new or relocated dry cleaner as ofJune 24, 2009 in "a building with a residence, or with a day care center, a health care facility, a prison, an elementary school, a middle or high school, a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly," and requires the complete elimination ofperchloroethylene use and removal of perchloroethylene dry cleaning equipment from such a facility as ofDecember 21, 2020 . In addition, Chapter 125 requires new

or relocated dry cleaning machines in a building with a residence which commenced construction after December 21, 2005 to comply with 63.320(b)(2)(ii) . Additionally, aresidence is defined as "any dwelling or housing in which people reside" without the 180-day minimum of EPA's definition. Maine's rule is more stringent. Test Methods and Monitoring Equivalency Demonstration Narrative Maine DEPChapter 125 Perchloroethylene DryCleaner Regulation for 40 CFT 63, Subpart M 3

### Carbon Adsorber Exhaust

MACT: Requires that the perc concentration in the exhaust ofa carbon adsorber be equal to or less than 100parts per million by volume. 125: Requires carbon adsorbers to reduce perc emissions to no more than 50parts per million byvolume. The federal MACT is based on usage and workplace standards, but requires monitoring to ensure carbon adsorber exhaust to contain 100ppmv or less ofperc. Chapter 125 has a control technology standard of 50ppmv or less of perc, but also requires equal or more stringent operating, maintenance, testing and performance standards than MACT. The test method for carbon adsorber emissions is identical . Recordkeeping and Reporting MACT: Requires an initial notification and a notification ofcompliance status report due on July 28, 2008. 125: Requires annual registration with DEP Chapter 125requires dry cleaning facilities to register annually, providingthe Department with facility information, perc consumption and disposal, and certification of applicability category. The owner or operator ofthe facility must sign the registration andverify the information as accurate and true. Chapter 125 did not add a requirement for sources to submit theJuly 28, 2008 report because the effective date ofthe Chapter 125 amendments was after this reporting date and all sources in Mainewere already required to submit this report . Maine DEPsent an outreach mailing to all dry cleaners informing themthat they needed to submit this report under the federal rule. Subpart M

requires only a one-time certification . As time passes, some information collected under Subpart M is out-of-date as aresult ofchanges happening every year in this sector, such as ownership, perc usage, location, etc. Chapter 125's annual registration requirement allows the Department to inventory and track annual Perc usage and emissions. Determination ofequivalent emission control technology Chapter 125 does not specifythe process for determining equivalent emission control technology. However, section 125(3)(C)(3) allows for other equally effective control devices approved by the Commissioner ofthe Department and EPApursuant to 40CFR 63.325. This approval would require the sameprocess specified in MACT.

Equivalency Demonstration Narrative Maine DEPChapter 125 Perchloroethylene Dry Cleaner Regulation for 40 CFT 63, Subpart M 406-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

CHAPTER 125: PERCHLOROETHYLENE DRY CLEANER REGULATION SUMMARY: This regulation establishes the control technology required for all dry cleaners which are area sources of perchloroethylene in the State of Maine. 1 . Scope and Applicability. A. General Applicability. This regulation applies to all new and existing area source dry cleaners that use perchloroethylene in the State of Maine upon the effective date of the regulation unless otherwise specified in the regulation . B. Applicability Categories (1) Area source dry cleaners are those sourceswith a twelve-month rolling total consumption of perchloroethylene of2100gallons or less. (2) Major source dry cleaners are those sources with a twelve-month rolling total consumption of perchloroethylene greater than 2100gallons. Major sources of perchloroethylene must comply with 40C .F.R. Part 63, Subpart M . (3) Co-located dry cleaners are those sources that meet the definition ofco-located in subsection 2(C) of this Chapter. 2. Definitions. For the purposes of this chapter, thefollowing definitions apply: A. Calendar Year. "Calendaryear" means a 12-month period starting January 1 and ending December 31 of eachyear. B. Carbon Adsorber. "Carbon adsorber" means a device containing carbon as an adsorbent material used for the removal ofperchloroethylene, an inlet and outlet for exhaust gases; and a systemto regenerate or replace the saturated adsorbent. C . Co-located. "Co-located" means a dry cleaner located in a building with a residence, orwith a day carecenter, a health care facility, a prison, an elementary school, a middle or high school, a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly. D . Colorimetric detector tube. "Colorimetric detector tube" means a glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perchloroethylene and is designed to measure theconcentration ofperchloroethylene in air. E. Condenser. "Condenser" means a recovery device that removes condensable vapors by a reduction in the temperature ofthe captured gases. Asurface condenser affects condensation by indirect contact between the coolant and process gas stream, through use of a refrigerated condenser coil which contains coolant .06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION F. Construction. "Construction" means the fabrication (onsite), erection, or installation ofa perchloroethylene dry cleaning system . G . Control device. "Control device" means equipment (e.g. carbon adsorber, refrigerated condenser) used to reduce the amount of air pollutant(s) in an air stream prior to discharge tothe ambient air. H . Desorption. "Desorption" means regeneration of a carbon adsorber by removal of the perchloroethylene adsorbed on the carbon. 1 . Diverter valve. "Divertervalve" means a flow control device that prevents room air frompassing through a refrigerated condenserwhenthedoor of the dry-cleaning machine is open. J. Dry cleaner. "Dry cleaner" means a facility engaged in the cleaning of garments in perchloroethylene by means of one or more washes in the solvent, extraction ofthe solvent by spinning, and drying by tumbling in an air stream . The facility includes, but is not limited to any washer, dryer, emission control device(s), exhaust dampers, diverter valves, filter purification system, wastedisposal system, stills, holding tank, muck cooker, water separators, filters, solvent containers, pump and attendant piping, hoses, ducts and valves. K . Dry-cleaning drum

. "Dry-cleaning drum" means the perforated container inside the dry-cleaning machine that holds the articles during dry-cleaning. L. Dry cleaning system . "Drycleaning system" means a dry cleaning machine and its ancillary equipment. M . Dryer. "Dryer" means a machine used to remove perchloroethylene fromarticles by tumbling themin a heated air stream . N . Dry-to-dry machine. "Dry-to-dry machine" means a one-machine dry cleaning operation in whichwashing and drying are performed in the same machine. O . Exhaust damper . "Exhaust damper" means a flow control device that prevents the air-perchloroethylene gas-vapor stream fromexiting the dry-cleaning machine into a carbon adsorber before room air is drawn into the dry-cleaning machine. P. Filter. "Filter" means a porous device through which perchloroethylene is passed to remove contaminants in suspension. Examples include, but are not limited to, lint filter (button trap), cartridge filter, tubular filter, regenerative filter, prefilter, polishing filter, and spin disc filter. Q . Garment. "Garment" means any article placed inthe washer for purposes ofcleaning that article. R . Halogenated hydrocarbon detector. "Halogenated hydrocarbon detector" means a portable device capableof detecting vapor concentrations of perchloroethylene of 25 parts per million byvolume and indicating a concentration of 25 parts per million by 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION volume or greater by emitting an audible or visual signal that varies as the concentration changes. S.Heating coil . "Heating coil" means the device used to heat the air streamcirculated fromthe dry cleaning machine drum, after perchloroethylene has been condensed fromthe air stream

and before the stream

re-enters the dry cleaning machine drum . T. Major Source. "Major source" means a source whose twelve-month rolling total consumption ofperchloroethylene exceeds 2100gallons. U . Muck cooker. "Muck cooker" means a device for heating perchloroethylene-laden waste material to volatilize and recover perchloroethylene. V . Perchloroethylene or perc or tetrachloroethylene or PCE. "Perchloroethylene" or "perc" or "tetrachloroethylene" or "PCE" means a colorless volatile chlorinated hydrocarbon with a chemical formula of C2C14 and a CAS (Chemical Abstract System) Registry number of 127-18-4. W . Perchloroethylene consumption. "Perchloroethylene consumption" means the twelve-month rolling total volume (sum) of perchloroethylene purchased based upon monthly purchase receipts or other reliable measures. X. Perchloroethylene Consumption Limit. "Perchloroethylene consumption limit" means a dry-cleaner's highest twelve-month rolling total perchloroethylene consumption, as calculated according to subsection 5(A)(2) . Y . Perchloroethylene gas analyzer or PCE gas analyzer . "Perchloroethylene gas analyzer" or "PCE gas analyzer" means a flame ionization detector, photoionization detector, or infrared analyzer capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume. Z. Reclaimer . "Reclaimer" means a machine used to remove perchloroethylene from articles by tumbling themin a heated air stream . AA . Refrigerated condenser coil . "Refrigerated condenser coil" means the coil containingthe chilled liquid used to cool and condense the perchloroethylene. BB.Residence. "Residence" means any dwelling or housing in which people reside. CC . Sensory Inspection. "Sensory Inspection" means an inspection using the human sensory systemto detect evidence ofa leak, including looking for visible signs of a leak, feeling for airvapor leaking froma machine, or detecting the smell of perchloroethylene gas. DD . Still . "Still" means any device used to volatilize and recover perchloroethylene from contaminated perchloroethylene. 

### Chapter 125

: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION EE.Temperature sensor . "Temperature sensor" means a thermometer or thermocouple used to measure temperature. FF.Twelve-month Rolling Total . "Twelve-month rolling total" means the total perchloroethylene consumed during any consecutive 12-month period. GG . Totally enclosed refrigerated condenser . "Totally enclosed refrigerated condenser" means a vapor recovery systeminto which an air-perchloroethylene gasvapor stream

is routed and the perchloroethylene is condensed by cooling the gasvapor stream

. The refrigerated condenser is integrated into the dry cleaning machine. The two are a single unit. HH . Vapor leak. "Vapor leak" means a perchloroethylene vapor concentration exceeding 25 parts per million by volume (50 parts per million by volume as methane) as indicated by a halogenated hydrocarbon detector or perchloroethylene gas analyzer. II . Washer . "Washer" means a machine used to clean articles by immersing themin perchloroethylene. JJ . Water separator . "Water separator" means any device used to recover perchloroethylene froma water-perchloroethylene mixture. 3. Emission Limitations and Performance Standard Requirements. A . Requirements for co-located dry cleaners. (1) Beginning on the effective date of the 2009 amendments to this regulation, no new or relocated perchloroethylene dry cleaning machine may be installed ina co-located facility. (2) Any newor relocated dry cleaning machines located in a building with a residencewhich commenced construction on or after December 21, 2005 must comply with 40 C.F .R

. Part 63.320(b)(2)(ii) . (3)After December 21, 2020, all co-located dry cleaners must completely eliminate perchloroethylene use and remove all perchloroethylene drycleaning equipment fromthe building. B . Control Technology Requirements for Sources Installed afterJune 2, 1991 . (1) All dry cleaning machines installed after June 2, 1991, must be equipped witha totally enclosed refrigerated condenser systemwith a diverter valve which does not allow

venting to theatmosphere whilethe drumis rotating, and comply with the Compliance Methods and Monitoring Requirements in subsection 4(B) ofthis Chapter. (2) All dry cleaning machines installed after February 12, 1997, must install a closed loop refrigerated condenser systemwith a small carbon adsorber and a door fan that draws air into the drurn to collect any fugitive emissions that may result when the door is opened and shall be incompliance with the Compliance Methods and Monitoring Requirements in subsection 4(B) of this Chapter. 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

C . Control Technology Requirements for Existing Sources Installed on or before June 2, 1991 . All dry cleaning machines installed onor before June 2, 1991 must be equipped with one ofthe following control devices on or before October 1, 1991 . (1) Option A, Carbon Adsorber System (a) Acarbon adsorberwhich reduces perchloroethylene emissions to nomore than 50parts per million by volume (ppmv) before dilution. The carbon adsorber shall not be bypassed at any timeallowing perchloroethylene to be vented directly to the atmosphere. The carbon adsorber shall be monitored in accordance with Section 4(A) and desorbed in accordance with the manufacturer's instructions. (b) All exhaust fromthe washer, dryer, filter purification system, holding "tanks" and attendant piping and valves must be routed through the carbon adsorber (i) Thecarbon adsorber shall be operated at anair flow capacity at least equal to the unrestricted total exhaust gas flowrateofthe dry cleaning machines. (ii) A minimum

air velocity of 100 feet per minute shall be maintained throughall machine door and exhaust hood openings. (c) Any dry cleaner which uses a carbon adsorber to comply with this Section must regenerate the carbon bed at least once per unit of garments cleaned. A unit of garments is based on a ratio of the weight of the carbon bed compared to the amount of garments cleaned. The formula used for determining a unit of garments is 2.83 Ibs. of garments per pound of carbon (see NOTE below) . (i) The 50 ppmv emission limit fromthe carbonadsorber must be met regardless of the regeneration requirements of this Section (ii) The carbon adsorber must not be bypassed to the atmosphere during regeneration. NOTE: (For Example) If a facility has a 60lb. carbon bed it is permitted to clean 1701bs. of garments before regeneration of the carbon bed must take place; or if a facility has a 300 lb. carbon bed, it is permitted to clean 850 lbs. of garments before regeneration of the carbon bed must take place.

(2) Option B, Refrigerated Condenser System . (a) Arefrigerated condenser systemmust be installed on a dry-to-dry machine and reclaimer, provided that the dryer/condenser systemis closed tothe atmosphere except when articles are being loaded or unloaded at which time a door fan is activated that draws air into the dryer. (b) Adivertervalvewhich does not allow venting to the atmosphere while the drumis rotating must be used to prevent air drawn into the dry cleaning 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION machine when the machine door is opened frompassing through the refrigerated condenser . (c) The temperature at the dryer/condenser outlet must be less than or equal to 45°F. This condenser shall be monitored in accordance with section 4(B) . (3) All dry cleaning systems installed after December 21, 2005 must route the airperchloroethylene gas-vapor streamfrominside the drycleaning machine drum through a non-vented carbon adsorber or equivalent control device immediately before the door ofthe dry cleaning machine is opened. Option C, Other Devices Approved by the Department and EPA. Any other equally effective control device as approved by the Commissioner ofthe Department and EPA, pursuant to 40CFR63.325. D . The installation and use of any other type of perchloroethylene drycleaning machine, including transfer machines, is strictly prohibited. E. General Maintenance Performance Standard Requirements. All new and existing dry cleaners shall comply with the following requirements: (1)

(3) Filtration cartridges must be drained in the filter housing for at least 24 hours or as approved by the Commissioner ofthe Department and EPA . When any filtration cartridge is removed from the filter housing, it must be placed in a sealed containerwhich does not allowthe solvent in the filter to be emitted to the atmosphere, and must be disposed in accordance with state and federal requirements; (2) All perchloroethylene and perchloroethylene containing waste must be stored in tightly sealedcontainers so that no perchloroethylene is emitted to the atmosphere; All facilities must maintain the systemas to prevent the leaking of perchloroethylene liquid, and prevent perchloroethylene vapor losses greater than 25 ppm fromgaskets, seals, ducts, and related equipment . (a) Except as provided in subsection 3(E)(3)(c) of this Chapter, all leaks of perchloroethylene liquid orvapor must be repairedwithin 24 hours of detection. (b) Except as provided in subsection 3(E)(3)(c) of this Chapter, iftemperature, concentration of perchloroethylene, or other parameters required tobe monitored in Section 4 ofthis Chapter donot meet the values or conditions specified, adjustments or repairs must be made within 24 hours of detection. (c) Ifrepair parts are not available at the facility, the parts must be ordered within two working days of detection. Such repair parts must be installed as soon as possible but no later than five working days after receipt . (d) Equipment with a leakthat has not been repaired by the end of the fifteenth working day after detection must not be operated until the leak is repaired; (4) The owner or operator shall close the door of eachdry cleaning machine immediately after transferring garments to or from the machine, and shall keep the door closed at all other times; 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (5) The owner or operator of each dry cleaning system shall operate and maintain the systemin accordance with the manufacturer's specifications and recommendations; and (6) The owner or operator must develop and implement awritten startup, shutdown and malfunction planthat describes, in detail, procedures for operating and maintaining the source during periods ofstartup, shutdown and malfunction; a programof corrective action for malfunctioning process; and air pollution control and monitoring equipment used to complywiththe standard. 4. Compliance Methods and Monitoring Requirements. A . Carbon Adsorber Systems. Compliance withthe emission limit in Section 3(C)(1) shall be determined by a weekly monitoring test and a sensory inspectionand any other evidence demonstrating that the carbonadsorber has been properly installed, operated and maintained. (1) The owner/operator of any source using a carbon adsorber to comply with section 3(C) shall measure the exhaust of the carbon adsorber weekly with a colorimetric detector tube. This must be done while the dry cleaning machine is venting to the carbon adsorber at the end ofthe last dry cleaning cycle before desorption ofthe carbonadsorber. The colorimetric tube must be designed to measure 10-500 ppmvof perchloroethylene with an accuracy of± 5 ppmv, and must be used according to the manufacturer's instructions. (2) The sampling port for monitoring within the exhaust outlet of the carbon adsorber should be easily accessible and located at least 8 stack or duct diameters downstream

fromany flow

disturbance such as a bend, expansion, contraction, or outlet; downstreamfromno other inlet; and 2 stack or duct diameters fromany flow disturbance such as a bend, expansion, contraction, inlet or outlet. B . Refrigerated Condenser Systems. The owner/operator of any major or area source using a refrigerated condenser to complywith the Control Technology Requirements in section 3(B) or 3(C) ofthis Chapter must either: (1) measure the temperature on the outlet side of the condenser . This temperature must be recorded weekly, and the temperature sensor shall be used in accordance withthe manufacturer's instructions and specifications and shall be designed to measure a temperature of 45°F (7 .2°C) to an accuracy off2°F (f1 .1 °C) ; or (2) monitor refrigeration systemhigh pressure and low pressure and record the pressure readings weekly C . SystemInspection ofAll Unit Types. Compliancewiththe General Maintenance and Performance Standard Requirements subsection (3)(E)(3), shall be determined by the following means: (1) Sensory Inspection. Aweekly sensory inspection, while system is operating if practicable, of dry cleaning machine parts including, but not limited to, the following components: 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(l) (a) Hose and pipe connections, fittings, couplings and valves; (b) Machine door gaskets, and seatings; (c) Filter head gaskets and seatings; (d) Pumps; (e) Solvent tanks and storage containers; (f) Water separators; (g) Muck cookers; 

### (h) Stills; (i) Diverter valves; Saturated lint fromlint basket; (k) Exhaust dampers; (1) All filter housings; and (m) All other equipment and control devices associated with a dry cleaning machine; and (2) Analyzer Inspection. Beginning on the effective date ofthe 2009amendments to this Chapter, the owner or operator of a dry cleaner shall inspect the components identified in subsection 4(C)(1) ofthis Chapter for vapor leaks weekly while the component is inoperation using a halogenated hydrocarbon detector or perchloroethylene gas analyzer that is operated according to manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly alongthe interface periphery.

5 . Recordkeeping Requirements. A . All dry cleaning facilities must keep a copyof the design specifications and operating manual for each drycleaning machine and control equipment on-site; and keep receipts ofperchloroethylene purchases and record in a log the following: (1) The volume of perchloroethylene purchased each month. This number represents the perchloroethylene purchases for a given month. 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (2) The calculatedvalue ofthe twelve-month rolling total perchloroethylene consumption limit. To calculate the twelve-month rolling total perchloroethylene consumption limit, the owner/operator shall performthe following calculations on the first day of every month: (a) Sum up the volume of perchloroethylene purchases made ineach of the previous 12 months, as recorded in the log. (b) If no perchloroethylene purchases were made ina given month, then the perchloroethylene consumption for that month is zero gallons. (c) The highest twelve-month rolling total is the facility's perchloroethylene consumption limit. (3) The dates that the systemwas inspected for leaks in compliance with subsection 4(C) of this Chapter, and the name and location of any parts where detectable leaks were found. (4) Thedates of repair and records ofwritten orverbal orders for repair parts to demonstrate compliance with subsection 3(E)(3) of this Chapter. (5) The date and temperature monitoring results for compliance with subsection 4(B) ofthis Chapter. (6) The date and colorimetric detector tube monitoring results, if a carbon adsorber is used for compliancewith section 3(B)(1) and 4(A) . The log, perchloroethylene receipts, all manufacturer design specifications and operation manuals for each machine and control device located at the facility must be maintained on site for at least five (5) years and must be made available to the Department upon request . An owner that operates morethan one dry cleaner may store records older than one year fromall facilities at one dry cleaner location or at a centralized office. 6. Registration Requirements. A . The owners or operators of all dry cleaners shall register withthe Department annually. B . Registration shall be on a formprescribed by the Department and shall include but is not limited to the following information: (1) Name offacility and the name ofthe owner or operator who is responsible; (2) Facility address and telephone; (3) Whether the dry cleaner is located in a building with a residence (even if the residence is vacant at the time ofthis notification), orwitha day carecenter, a health care facility, a prison, an elementary school, a middle or high school, a 

### Chapter 125: Perchloroethylene Dry Cleaner Regulation06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly. (4) Type of control technologyor technologies in use; (5) Number and type of dry cleaning machines, and whenthey were installed; (6) Thetotal perchloroethylene consumption for each of the previous twelve months as required under subsection 5(A)(2) ofthis Chapter; (7) Acertification ofthe source applicability category, i .e. whether a facility is a major source or anarea source; and (8) An estimateofthe waste that was shipped off-site. C . Registration is due on or before March 15, for the previous calendar year's activities, and must be signed andverified as accurate and true by the owner or operator of the facility. D . If a source starts-up after February 12, 1997 and thus has not submitted a compliance certification (as required by 40 C.F.R. Section 63.324(b)), the drycleaner shall submit the following: (1) The yearly perchloroethylene consumption limit based on the twelve-month rolling total perchloroethylene consumption limit as specified in subsection 5(A)(2) of this Chapter; and (2) Whether or not they are incompliancewiththis rule. (3) This certification shall be signed and verified as true and accurate, and submitted to the Department and EPA no later than 30days after the start-up date. AUTHORITY: 38 M .R.S .A ., Section 585-B EFFECTIVE DATE: June 2, 1991 Amended February 12, 1997 Amended: January 14, 2003 Amended: June 24, 2009 BASIS STATEMENT Perchloroethylene causes liver cancer in animals and is a suspected human carcinogen. Dry cleaners account for over 80 percent ofall perchloroethylene emissions in Maine. Controlling dry cleaning facilities will reduce the emission ofperchloroethylene to the ambient air, thus improving overall air quality and providing greater protection of public healthand welfare.



### Chapter 125: Perchloroethylene Dry Cleaner Regulation 1006-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

In addition to the above Basis Statement, the Department has filed with the Secretary of Statethe responseto representative comments receive during the comment period.

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

. These amendments makethe original Chapter 125 equivalent tothe federal MACT, so that the state can accept delegation of the MACT standard fromthe US EPA Title 30 MRSA

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

BASIS STATEMENT FORAMENDMENT OF 2003 The Proposed amendment to the rule removes language referring to obsolete practices and equipment, combines the applicability categories of large area source and small area source into a single "area source," and corrects erroneous references within the rule. These changes clarify and streamline Chapter 125 to facilitate compliance by the regulated community. In addition to this Basis Statement, the Department has filed a supplemental basis statement withthe Secretary of Statethat summarizes its responses to comments received during the comment period.

BASIS STATEMENT FORAMENDMENTS OF 2009 

### The amendments to Chapter 125 incorporate changes to the Federal dry cleaner NESHAP (National Emission Standard for Hazardous Air Pollutants) . In addition, the amendments protect a broader range of potentially sensitive populations than the Federal regulation, which imposes certain restrictions on dry cleaners located in buildings with residences, by including requirements for dry cleaning facilities that are located in a building with a day care center, a health care facility, a prison, an elementary school, a middle or high school, a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly. Additionally, the proposed amendments increase the inspection frequency using a monitor from Federally required monthly inspection to a weekly inspection. The amendments also

Chapter 125

: Perchloroethylene Dry Cleaner Regulation

1106-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION



### limit the amount of time leaking dry cleaning equipment can be operated to a maximum of fifteen days while awaiting repair parts.

Chapter 125: Perchloroethylene Dry Cleaner Regulation 12