Enclosure 1. 

APPLICATION FOR SUBPART 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 V Information 

The Maine DEP was given interim approval for its Operating Permits Program on 

March 24, 1997. The FR notice 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 FR 46393), EPA granted Maine DEP up-front approval for a 

Section 112(1) delegation request for equivalency by permit provision for 

NESHAPs from the 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 125 regulation for area source 

dry cleaners as a substitute for the National Emission Standards for Hazardous Air 

Pollutants for Perchloroethylene Dry Cleaning facilities at 40 CFR 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 of my knowledge. 

Signature: !~Q~ Y' el_,~ Date: 12-11-01? 

James P. Brooks 

Director, Bureau of Air Quality 

12/11/09 9:15 AM 
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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 CFR 63, Subpart M (non-major source dry cleaners) 

On April 24, 2006, EPA approved Maine's Chapter 125 regulation for area source dry 

cleaners as a partial rule substitution for the National Emissions Standards for Hazardous 

Air Pollutants for Perchloroethylene Dry Cleaning Facilities (Dry Cleaning NESHAP). 

On July 27, 2006, September 21, 2006 and July 11, 2008 EPA amended the federal Dry 

Cleaning NESHAP. On June 24, 2009, Maine DEP amended its regulation to incorporate 

the revised Dry Cleaning NESHAP requirements . 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 of perchloroethylene 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 of which 

currently operate in Maine) must comply with the federal MACT. Based on 2008 

emissions inventory data, Maine has approximately 30 registered perchloroethylene dry 

cleaners. Among those reporting, the highest annual perc consumption was 440 gallons. 

Categories 

MACT: Draws a distinction between large and small area sources, exempting those that 

consume fewer than 140 gallons of perchloroethylene per year from some 

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 of perc of 2 100 gallons or 

less . Based on 2008 annual emissions inventory data, about 85% of dry cleaners in 

Maine use less than 140 gallons of perc 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 from requirements . 

125 : Provides no exemption for coin operated dry cleaning machines. 

Chapter 125 provides no exemption for coin-operated dry cleaning machines. None of 

these machines are known to exist in the state and this regulation effectively eliminates 

Equivalency Demonstration Narrative 

Maine DEP Chapter 125 Perchloroethylene Dry Cleaner Regulation for 40 CFT 63, Subpart M 

1 
the possibility of their 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 of this rule states that the "regulation applies to all new 

and existing area source dry cleaners in the State of Maine upon the effective date of the 

regulation. . ." Thus, any source commencing operation after said effective dates shall be 

in compliance at the time of startup. Applicable MACT compliance dates were in effect 

for Maine sources prior to adoption of the 2007 amendments and Chapter 125 Section 3 

incorporates the new MACT compliance date requirements . 

Standards and Work Practices 

Transfer Machines 

MACT: Effectively prohibits transfer machines as of July 28, 2008 . 

125: Does not provide relaxed control requirements for transfer machines. 

Chapter 125 prohibits the use and installation of transfer machines as of January 4, 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 meet this requirement. 

125: Requires the same of all new sources. 

Chapter 125 requires all new area sources to install a closed loop refrigerated condenser 

system with a small carbon adsorber and a door fan that draws air into the drum to collect 

any fugitive emissions that may result when the door is opened. 

Refrigerated condenser systems 

MACT: Requires refrigerated condensers used for compliance with new technology 

standards to not use the same RC coil 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 of transfer machines which are 

prohibited under the rule. 

Inspection 

Equivalency Demonstration Narrative 

Maine DEP Chapter 125 Perchloroethylene Dry Cleaner Regulation for 40 CFT 63, Subpart M 

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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 of dry cleaning components. In addition, the June 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 of control devices. MACT exempts small area sources 

from weekly monitoring. 

Repair of Leaks 

MACT: Repairs must be made within 24 hours of detection; repair parts not on hand 

must be ordered within two working days and installed within five working days after 

receipt. 

125 : Same timeframe with maximum of 15 days of operation while leaking. 

Under MACT, a leaking dry cleaning machine could be operated indefinitely if repair 

parts are unavailable. A 15-day maximum prevents this from happening. 

Requirements for Dry Cleaners Located in a Building with a Residence 

MACT: A dry cleaning system located 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 of July 13, 2006 . 

125 : Requires the same of dry cleaners located in a building with a residence and other 

facility occupied by children or the elderly. 

Chapter 125 prohibits the installation of a new or relocated dry cleaner as of June 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 of perchloroethylene use and removal of perchloroethylene dry 

cleaning equipment from such a facility as of December 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, a residence 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 DEP Chapter 125 Perchloroethylene Dry Cleaner Regulation for 40 CFT 63, Subpart M 

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Carbon Adsorber Exhaust 

MACT: Requires that the perc concentration in the exhaust of a carbon adsorber be equal 

to or less than 100 parts per million by volume. 

125 : Requires carbon adsorbers to reduce perc emissions to no more than 50 parts per 

million by volume. 

The federal MACT is based on usage and workplace standards, but requires monitoring 

to ensure carbon adsorber exhaust to contain 100 ppmv or less of perc. Chapter 125 has a 

control technology standard of 50 ppmv 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 of compliance status report due 

on July 28, 2008 . 

125 : Requires annual registration with DEP 

Chapter 125 requires dry cleaning facilities to register annually, providing the 

Department with facility information, perc consumption and disposal, and certification of 

applicability category . The owner or operator of the facility must sign the registration 

and verify the information as accurate and true . Chapter 125 did not add a requirement 

for sources to submit the July 28, 2008 report because the effective date of the Chapter 

125 amendments was after this reporting date and all sources in Maine were already 

required to submit this report . Maine DEP sent an outreach mailing to all dry cleaners 

informing them that 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 a result of changes 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 of equivalent emission control technology 

Chapter 125 does not specify the process for determining equivalent emission control 

technology. However, section 125(3)(C)(3) allows for other equally effective control 

devices approved by the Commissioner of the Department and EPA pursuant to 40 CFR 

63.325 . This approval would require the same process specified in MACT. 

Equivalency Demonstration Narrative 

Maine DEP Chapter 125 Perchloroethylene Dry Cleaner Regulation for 40 CFT 63, Subpart M 

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06-096 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 sources with a twelve-month rolling total 

consumption of perchloroethylene of 2100 gallons or less. 

(2) Major source dry cleaners are those sources with a twelve-month rolling total 

consumption of perchloroethylene greater than 2100 gallons . Major sources of 

perchloroethylene must comply with 40 C.F.R. Part 63, Subpart M. 

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

subsection 2(C) of this Chapter. 

2. Definitions . For the purposes of this chapter, the following definitions apply: 

A. Calendar Year. "Calendar year" means a 12-month period starting January 1 and 

ending December 31 of each year. 

B. Carbon Adsorber. "Carbon adsorber" means a device containing carbon as an 

adsorbent material used for the removal of perchloroethylene, an inlet and outlet for 

exhaust gases; and a system to regenerate or replace the saturated adsorbent. 

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

or with a day care center, a health care facility, a prison, an elementary school, a 

middle or 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 the concentration of perchloroethylene 

in air. 

E. Condenser. "Condenser" means a recovery device that removes condensable vapors 

by a reduction in the temperature of the captured gases. A surface condenser affects 

condensation by indirect contact between the coolant and process gas stream, through 

use of a refrigerated condenser coil which contains coolant . 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

F. Construction. "Construction" means the fabrication (onsite), erection, or installation 

of a 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 to the ambient air . 

H. Desorption. "Desorption" means regeneration of a carbon adsorber by removal of the 

perchloroethylene adsorbed on the carbon. 

1. Diverter valve. "Diverter valve" means a flow control device that prevents room air 

from passing through a refrigerated condenser when the door of the 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 of the 

solvent by spinning, and drying by tumbling in an air stream. The facility includes, 

but is not limited to any washer, dryer, emission control device(s), exhaust dampers, 

diverter valves, filter purification system, waste disposal system, stills, holding tank, 

muck cooker, water separators, filters, solvent containers, pump and attendant piping, 

hoses, ducts and valves. 

K. Dry-cleaning drum. "Dry-cleaning drum" means the perforated container inside the 

dry-cleaning machine that holds the articles during dry-cleaning . 

L. Dry cleaning system. "Dry cleaning system" means a dry cleaning machine and its 

ancillary equipment. 

M. Dryer. "Dryer" means a machine used to remove perchloroethylene from articles by 

tumbling them in a heated air stream. 

N. Dry-to-dry machine. "Dry-to-dry machine" means a one-machine dry cleaning 

operation in which washing and drying are performed in the same machine. 

O. Exhaust damper. "Exhaust damper" means a flow control device that prevents the 

air-perchloroethylene gas-vapor stream from exiting the dry-cleaning machine into a 

carbon adsorber before room air is drawn into the dry-cleaning machine. 

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 in the washer for purposes of cleaning 

that article. 

R. Halogenated hydrocarbon detector. "Halogenated hydrocarbon detector" means a 

portable device capable of detecting vapor concentrations of perchloroethylene of 25 

parts per million by volume and indicating a concentration of 25 parts per million by 

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06-096 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 stream circulated 

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

from the air stream and before the stream re-enters the dry cleaning machine drum. 

T. Major Source. "Major source" means a source whose twelve-month rolling total 

consumption of perchloroethylene exceeds 2100 gallons . 

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 them in a heated air stream. 

AA. Refrigerated condenser coil. "Refrigerated condenser coil" means the coil 

containing the chilled liquid used to cool and condense the perchloroethylene . 

BB.Residence. "Residence" means any dwelling or housing in which people reside . 

CC. Sensory Inspection. "Sensory Inspection" means an inspection using the human 

sensory system to detect evidence of a leak, including looking for visible signs of a 

leak, feeling for air vapor leaking from a machine, or detecting the smell of 

perchloroethylene gas. 

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

contaminated perchloroethylene . 

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06-096 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 system into which an air-perchloroethylene gasvapor stream is routed and the perchloroethylene is condensed by cooling the gasvapor stream. The refrigerated condenser is integrated into the dry cleaning machine. 

The two are a single unit. 

HH. Vapor leak. "Vapor leak" means a perchloroethylene vapor concentration 

exceeding 25 parts per million 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 them in 

perchloroethylene . 

JJ. Water separator . "Water separator" means any device used to recover 

perchloroethylene from a water-perchloroethylene mixture. 

3. Emission Limitations and Performance Standard Requirements. 

A. Requirements for co-located dry cleaners. 

(1) Beginning on the effective date of the 2009 amendments to this regulation, no new 

or relocated perchloroethylene dry cleaning machine may be installed in a co-located 

facility . 

(2) Any new or relocated dry cleaning machines located in a building with a 

residence which commenced construction on or after December 21, 2005 must 

comply with 40 C .F .R. Part 63.320(b)(2)(ii) . 

(3)After December 21, 2020, all co-located dry cleaners must completely eliminate 

perchloroethylene use and remove all perchloroethylene dry cleaning equipment from the 

building. 

B. Control Technology Requirements for Sources Installed after June 2, 1991. 

(1) All dry cleaning machines installed after June 2, 1991, must be equipped with a 

totally enclosed refrigerated condenser system with a diverter valve which does 

not allow venting to the atmosphere while the drum is rotating, and comply with 

the Compliance Methods and Monitoring Requirements in subsection 4(B) of this 

Chapter. 

(2) All dry cleaning machines installed after February 12, 1997, must install a closed 

loop refrigerated condenser system with 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 in compliance with the Compliance Methods and 

Monitoring Requirements in subsection 4(B) of this Chapter. 

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C. Control Technology Requirements for Existing Sources Installed on or before 

June 2, 1991 . All dry cleaning machines installed on or before June 2, 1991 must be 

equipped with one of the following control devices on or before October 1, 1991 . 

(1) Option A, Carbon Adsorber System 

(a) A carbon adsorber which reduces perchloroethylene emissions to no more 

than 50 parts per million by volume (ppmv) before dilution. The carbon 

adsorber shall not be bypassed at any time allowing perchloroethylene to be 

vented directly to the atmosphere. The carbon adsorber shall be monitored in 

accordance with Section 4(A) and desorbed in accordance with the 

manufacturer's instructions. 

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

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

(i) The carbon adsorber shall be operated at an air flow capacity at least equal 

to the unrestricted total exhaust gas flow rate of the dry cleaning 

machines. 

(ii) A minimum air velocity of 100 feet per minute shall be maintained 

through all machine door and exhaust hood openings. 

(c) Any dry cleaner which uses a carbon adsorber to comply with this Section 

must regenerate the carbon bed at least once per unit of garments cleaned. A 

unit of garments is based on a ratio of the weight of the carbon bed compared 

to the amount of garments cleaned. The formula used for determining a unit 

of garments is 2.83 Ibs. of garments per pound of carbon (see NOTE below). 

(i) The 50 ppmv emission limit from the carbon adsorber must be met 

regardless of the regeneration requirements of this Section 

(ii) The carbon adsorber must not be bypassed to the atmosphere during 

regeneration. 

NOTE: (For Example) If a facility has a 60 lb. carbon bed it is permitted to clean 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) A refrigerated condenser system must be installed on a dry-to-dry machine 

and reclaimer, provided that the dryer/condenser system is closed to the 

atmosphere except when articles are being loaded or unloaded at which time a 

door fan is activated that draws air into the dryer. 

(b) A diverter valve which does not allow venting to the atmosphere while the 

drum is rotating must be used to prevent air drawn into the dry cleaning 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

machine when the machine door is opened from passing 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 stream from inside the dry cleaning machine drum 

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

before the door of the dry cleaning machine is opened. Option C, Other Devices 

Approved by the Department and EPA. Any other equally effective control 

device as approved by the Commissioner of the Department and EPA, pursuant to 

40 CFR 63 .325 . 

D. The installation and use of any other type of perchloroethylene dry cleaning machine, 

including transfer machines, is strictly prohibited. 

E. General Maintenance Performance Standard Requirements. All new and existing 

dry cleaners shall comply with the following requirements: 

(1) 

(3) 

Filtration cartridges must be drained in the filter housing for at least 24 hours or as 

approved by the Commissioner of the Department and EPA. When any filtration 

cartridge is removed from the filter housing, it must be placed in a sealed 

container which does not allow the solvent in the filter to be emitted to the 

atmosphere, and must be disposed in accordance with state and federal 

requirements; 

(2) All perchloroethylene and perchloroethylene containing waste must be stored in 

tightly sealed containers so that no perchloroethylene is emitted to the atmosphere; 

All facilities must maintain the system as to prevent the leaking of 

perchloroethylene liquid, and prevent perchloroethylene vapor losses greater than 

25 ppm from gaskets, seals, ducts, and related equipment. 

(a) Except as provided in subsection 3(E)(3)(c) of this Chapter, all leaks of 

perchloroethylene liquid or vapor must be repaired within 24 hours of 

detection . 

(b) Except as provided in subsection 3(E)(3)(c) of this Chapter, if temperature, 

concentration of perchloroethylene, or other parameters required to be 

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

specified, adjustments or repairs must be made within 24 hours of detection. 

(c) If repair parts are not available at the facility, the parts must be ordered within 

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 leak that has not been repaired by the end of the fifteenth 

working day after detection must not be operated until the leak is repaired; 

(4) The owner or operator shall close the door of each dry cleaning machine 

immediately after transferring garments to or from the machine, and shall keep the 

door closed at all other times; 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(5) The owner or operator of each dry cleaning system shall operate and maintain the 

system in accordance with the manufacturer's specifications and 

recommendations ; and 

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

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

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

program of corrective action for malfunctioning process; and air pollution control 

and monitoring equipment used to comply with the standard. 

4. Compliance Methods and Monitoring Requirements. 

A. Carbon Adsorber Systems. Compliance with the emission limit in Section 3(C)(1) 

shall be determined by a weekly monitoring test and a sensory inspection and any 

other evidence demonstrating that the carbon adsorber has been properly installed, 

operated and maintained. 

(1) The owner/operator of any source using a carbon adsorber to comply with section 

3(C) shall measure the exhaust of the carbon adsorber weekly with a colorimetric 

detector tube. This must be done while the dry cleaning machine is venting to the 

carbon adsorber at the end of the last dry cleaning cycle before desorption of the 

carbon adsorber. The colorimetric tube must be designed to measure 10-500 

ppmv of perchloroethylene with an accuracy of ± 5 ppmv, and must be used 

according to the manufacturer's instructions. 

(2) The sampling port for monitoring within the exhaust outlet of the carbon adsorber 

should be easily accessible and located at least 8 stack or duct diameters 

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

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

flow disturbance such as a bend, expansion, contraction, inlet or outlet . 

B. Refrigerated Condenser Systems. The owner/operator of any major or area source 

using a refrigerated condenser to comply with the Control Technology Requirements 

in section 3(B) or 3(C) of this 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 

with the manufacturer's instructions and specifications and shall be designed to 

measure a temperature of 45°F (7 .2°C) to an accuracy of f2°F (f 1 .1 °C); or 

(2) monitor refrigeration system high pressure and low pressure and record the 

pressure readings weekly 

C. System Inspection of All Unit Types. Compliance with the General Maintenance 

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

the following means: 

(1) Sensory Inspection. A weekly 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 Regulation 
06-096 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 from lint 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 of the 2009 amendments to 

this Chapter, the owner or operator of a dry cleaner shall inspect the components 

identified in subsection 4(C)(1) of this Chapter for vapor leaks weekly while the 

component is in operation using a halogenated hydrocarbon detector or 

perchloroethylene 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 along the 

interface periphery. 

5. Recordkeeping Requirements. 

A. All dry cleaning facilities must keep a copy of the design specifications and operating 

manual for each dry cleaning machine and control equipment on-site; and keep 

receipts of perchloroethylene purchases and record in a log the following: 

(1) The volume of perchloroethylene purchased each month. This number represents 

the perchloroethylene purchases for a given month. 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(2) The calculated value of the twelve-month rolling total perchloroethylene 

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

consumption limit, the owner/operator shall perform the following calculations on 

the first day of every month: 

(a) Sum up the volume of perchloroethylene purchases made in each of the 

previous 12 months, as recorded in the log. 

(b) If no perchloroethylene purchases were made in a given month, then the 

perchloroethylene consumption for that month is zero gallons . 

(c) The highest twelve-month rolling total is the facility's perchloroethylene 

consumption limit. 

(3) The dates that the system was inspected for leaks in compliance with subsection 

4(C) of this Chapter, and the name and location of any parts where detectable 

leaks were found. 

(4) The dates of repair and records of written or verbal 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) 

of this Chapter. 

(6) The date and colorimetric detector tube monitoring results, if a carbon adsorber is 

used for compliance with section 3(B)(1) and 4(A). 

The log, perchloroethylene receipts, all manufacturer design specifications and 

operation manuals for each machine and control device located at the facility must be 

maintained on site for at least five (5) years and must be made available to the 

Department upon request . An owner that operates more than one dry cleaner may 

store records older than one year from all facilities at one dry cleaner location or at a 

centralized office . 

6. Registration Requirements . 

A. The owners or operators of all dry cleaners shall register with the Department 

annually. 

B. Registration shall be on a form prescribed by the Department and shall include but is 

not limited to the following information : 

(1) Name of facility and the name of the owner or operator who is responsible; 

(2) Facility address and telephone; 

(3) Whether the dry cleaner is located in a building with a residence (even if the 

residence is vacant at the time of this notification), or with a day care center, a 

health care facility, a prison, an elementary school, a middle or high school, a 

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children's pre-school, a senior center, a youth center or other facility inhabited by 

children or the elderly . 

(4) Type of control technology or technologies in use; 

(5) Number and type of dry cleaning machines, and when they were installed; 

(6) The total perchloroethylene consumption for each of the previous twelve months 

as required under subsection 5(A)(2) of this Chapter; 

(7) A certification of the source applicability category, i .e . whether a facility is a 

major source or an area source; and 

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

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

and must be signed and verified as accurate and true by the owner or operator of the 

facility . 

D. If a source starts-up after February 12, 1997 and thus has not submitted a compliance 

certification (as required by 40 C.F.R. Section 63 .324(b)), the dry cleaner shall submit 

the following: 

(1) The yearly perchloroethylene 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 in compliance with this rule. 

(3) This certification shall be signed and verified as true and accurate, and submitted 

to the Department and EPA no later than 30 days after the start-up date. 

AUTHORITY: 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 of all perchloroethylene emissions in Maine. Controlling 

dry cleaning facilities will reduce the emission of perchloroethylene to the ambient air, thus 

improving overall air quality and providing greater protection of public health and welfare . 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

In addition to the above Basis Statement, the Department has filed with the Secretary of State the 

response to representative comments receive during the comment period. 

BASIS STATEMENT FOR AMENDMENT OF 1997 

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

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

emissions from both major and non-major dry cleaner sources of perchloroethylene . Thus, from 

1993 to date, the dry cleaners in Maine are responsible for complying with two regulations . To 

the best of the Department's knowledge, Maine has no dry cleaners which are major sources of 

perchloroethylene . The primary purpose of the 1997 amendments is to make changes to this 

Chapter so that Maine may petition EPA to accept this Chapter as a substitute for the federal 

requirements for dry cleaners which are non-maj or sources of perchloroethylene. If EPA grants 

Maine's request, non-major source dry cleaners in Maine using perchloroethylene will no longer 

be required to comply with 40 C.F.R. Part 63, Subpart M. These amendments make the original 

Chapter 125 equivalent to the federal MACT, so that the state can accept delegation of the 

MACT standard from the US EPA 

Title 30 MRSA. Section 341-D (1-A) requires that provisions of state regulation which are more 

stringent than federal requirements be stayed for 60 days following adoption by the Board of 

Environmental Protection. The following provision in Chapter 125 is more stringent than the 

federal regulations : Section 3.B.1 . Because staying only parts of the 1997 amendments to 

Chapter 125 for 60 days would unnecessarily complicate the regulatory requirements for Maine's 

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

become effective until April 15, 1997. 

BASIS STATEMENT FOR AMENDMENT 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 with the Secretary of 

State that summarizes its responses to comments received during the comment period. 

BASIS STATEMENT FOR AMENDMENTS OF 2009 

The amendments to Chapter 125 incorporate changes to the Federal dry cleaner 

NESHAP (National Emission Standard for Hazardous Air Pollutants). In addition, the 

amendments protect a broader range of potentially sensitive populations than the 

Federal regulation, which imposes certain restrictions on dry cleaners located in 

buildings with residences, by including requirements for dry cleaning 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 

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06-096 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 . 

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