reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.2 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise precluded by Federal statute, or subdivision (d) of this section, the
					 department may, upon written application from any person who is subject to this
					 Subpart, grant a variance from one or more specific provisions of this Subpart
					 under the conditions set forth in this section. Variances will only be granted
					 under exceptional or extraordinary circumstances unless subdivision (e)
					 applies.
(b) Every application for
					 a variance must:
(1) identify the specific
					 provisions of this Subpart from which a variance is sought;
(2) demonstrate that compliance with the
					 identified provisions would, on the basis of conditions unique to the
					 applicant's particular situation in contrast to the rest of the industry or any
					 segment thereof, tend to impose an unreasonable economic, technological, or
					 safety burden on the person or the public; and
(3) demonstrate that the proposed activity
					 will have no significant adverse impact on public health, safety, or welfare,
					 the environment or natural resources and will be consistent with the provisions
					 of the Environmental Conservation Law (ECL) and the performance expected from
					 an activity permitted under the provisions of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Perc transfer
					 machines (first generation).
(1) After
					 January 1, 2000, the operation of any perc dry cleaning equipment as a transfer
					 machine is prohibited.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.5 - Leak inspection and self-monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leak check requirements. A trained
					 operator must inspect the perc dry cleaning system for perceptible liquid and
					 vapor leaks and other fugitive emissions, and record the date of inspection,
					 inspector's initials and the status of each component on a checklist supplied
					 by the department. Completed checklists must be kept for at least five years
					 from the date of inspection.
(1) The perc dry
					 cleaning system must be thoroughly inspected, at least weekly, for vapor leaks
					 using one of the following devices or methods for detecting vapor leaks:
(i) a halogenated-hydrocarbon detector
					 (beeper); or
(ii) a portable gas
					 analyzer; or
(iii) an alternative
					 method approved by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.7 - Perc-contaminated wastewater management

Current through Register Vol. 46, No. 28, July 10, 2024
Perc-contaminated wastewater generated by facilities
						subject to this Subpart must be managed as follows:
(a) Perc-contaminated wastewater discharges.
(1) Perc-contaminated wastewater that is
					 discharged to a sewer system must be treated prior to discharge by physical
					 separation (water separator) and double carbon filtration, or an equivalent
					 control which has been approved by the department, to achieve an effluent
					 quality that:
(i) is less than or equal to 20
					 ppb perc without perc evaporation; and
(ii) conforms to appropriate local sewer use
					 ordinances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.8 - Reporting and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Trained operators must maintain the following records and record the specified
					 information on forms provided by the department:
(1) the date, duration and nature of any
					 malfunction, spill, incident, or emergency response at the facility as outlined
					 in section 232-1.5(c)  of this Subpart;
(2) the date of maintenance on any air
					 cleaning component or exhaust system (such as the regeneration and/or
					 replacement of the carbon in a carbon adsorber);
(3) the number of loads between carbon
					 regenerations, cleaning and replacement of lint filters and carbon adsorber
					 pre-filters, repair or replacement of exhaust fans;
(4) the amount of activated carbon in carbon
					 adsorbers (dry weight in pounds);
(5) the date of maintenance of drying
					 sensors;
(6) the date and volume of
					 hazardous waste shipments; and
(7)
					 the dates of perc-contaminated wastewater treatment unit carbon cartridge
					 replacement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.10 - Owner/manager, operator and inspector training and certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except for the
					 conditions established in subdivision (b) of this section, it is unlawful for
					 any person to operate a perc dry cleaning facility subject to this Subpart
					 unless:
(1) the facility manager and/or owner
					 has a current and valid perc dry cleaning owner/manager certification;
					 and
(2) the person operating the
					 perc dry cleaning machine has a current and valid perc dry cleaning operator
					 certification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-2 - Perchloroethylene Dry Cleaning Equipment › Section 232-2.11 - Compliance inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 perc dry cleaning facilities must be inspected yearly unless granted an
					 extension by the department due to extenuating circumstances. Should such an
					 extension be granted, the following yearly inspection must be conducted no
					 later than one year after the date of the originally scheduled
					 inspection.
(b) Such inspections
					 must be performed by an inspector registered with the department or by an
					 individual working under the supervision of a registered inspector.
(c) All registered inspectors must meet the
					 requirements of paragraphs (1), (2) and (3) of this subdivsion. Individuals
					 working under the supervision of a registered inspector must meet the
					 requirements of paragraphs (2) and (3).
(1)
					 The inspector must be one of the following:
(i) a licensed professional engineer;
					 or
(ii) a registered architect;
					 or
(iii) a certified industrial
					 hygienist.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart
					 applies to all alternative solvent dry cleaning equipment not listed as an
					 exempt activity under Part 201 of this Title. Water-based cleaning processes
					 (wet cleaning) and those using only liquid carbon dioxide are exempt from this
					 Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.2 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the
					 effective date of this Subpart, the installation or replacement of any
					 alternative solvent transfer machine in which washing, washing with extraction,
					 extraction, or drying is performed in a single machine that requires the
					 transfer of articles from one machine to another to complete the dry cleaning
					 process is prohibited.
(b) One
					 hundred and eighty (180) days after the effective date of this Subpart, the use
					 of any alternative solvent that has not been approved, by the department, for
					 use in dry cleaning equipment is prohibited.
(c) After December 31, 2021, the following
					 alternative solvent dry cleaning equipment and operations are prohibited:
(1) all dryers without a primary control
					 system;
(2) all solvent dip tanks
					 and solvent drying cabinets; and
(3) all water proofing operations in any
					 vented machine.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.3 - Equipment standards and specifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Specific equipment standards and
					 emission control specifications.
(1)
					 Primary control systems. Water cooled condensers and refrigerated condensers
					 installed on the dry cleaning machines specified in subdivision (b) of this
					 section must meet the following requirements:
(i) Water cooled condensers may only be
					 installed as the primary control system on the existing machines specified in
					 paragraph (b)(2) of this section.
(ii) Refrigerated condensers must be equipped
					 with the following:
(a) high and low pressure
					 gauges to monitor the proper operation of the condenser during the heated and
					 cool-down phases of the drying cycle; and
(b) a drying sensor/controller designed to
					 reduce the solvent vapor concentration by at least 90 percent by weight based
					 upon the amount of solvent entering and exiting the control device.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.4 - Operator leak inspection and self-monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leak check requirements. The following
					 applicable components must be inspected weekly for perceptible liquid and vapor
					 leaks and for proper operation, as required by section 232-3.5  of this Subpart,
					 during that portion of the machine cycle that the component is utilized. The
					 status of each applicable component must be recorded on a checklist supplied by
					 the department along with the date of inspection and inspector's initials.
					 Completed checklists must be kept on-site for at least five years from the date
					 of inspection.
(1) hose and pipe connections,
					 fittings, couplings and valves;
(2)
					 door gaskets and seatings;
(3)
					 filter gaskets and seatings;
(4)
					 pumps;
(5) solvent (including spent
					 solvent) tanks and containers;
(6)
					 water separators;
(7) stills;
					 and
(8) cartridge filter
					 housings.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.6 - Reporting and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Operators of all alternative solvent dry cleaning equipment must record the
					 following on checklists supplied by the department:
(1) the date, duration and nature of any
					 malfunction, spill, incident, or emergency response at the facility as outlined
					 in subdivision 232-1.5(c)  of this Part; and
(2) the date and volume of any hazardous
					 waste shipments, if applicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.7 - Equipment testing, training and documentation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Testing and training requirements. The
					 provisions of this section are applicable six months after the effective date
					 of this Subpart.
(1) One hundred and eighty
					 (180) days after the effective date of this Subpart, no person may sell, offer
					 for sale, cause to be offered for sale, or lease any alternative solvent dry
					 cleaning machine to be installed in New York State unless the manufacturer has
					 submitted a Certification of Model Compliance. A Certification of Model
					 Compliance shall certify that the subject alternative solvent dry cleaning
					 machine model meets the design and performance standards in Section 232-3.3  of
					 this Subpart. Upon submittal of the Certification of Model Compliance, a copy
					 of such certification for the machine model will be posted on the department's
					 website.
(2) The manufacturer or
					 vendor of any new alternative solvent dry cleaning machine, installed after the
					 effective date of this Subpart, must provide immediate notification to the
					 department should any generic design or functional defect be discovered. Such
					 notice must include a detailed plan to remedy the design or functional
					 defect.
(3) After any new
					 alternative solvent dry cleaning machine is installed at a facility, the
					 manufacturer or manufacturer's representative must conduct an on-site training
					 session for the purchaser or lessee. The training session must include
					 instruction on how to maintain and operate the dry cleaning
					 machine.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-3 - Alternative Solvent Dry Cleaning Equipment › Section 232-3.8 - Approved alternative solvents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval Criteria. One hundred and eighty
					 (180) days after the effective date of this Subpart, any alternative solvent
					 used in any dry cleaning machine in New York State must be an approved
					 alternative solvent. Approval shall be granted by the department if sufficient
					 information, as described under subdivision (c), is provided by the solvent
					 manufacturer to demonstrate that the solvent meets the following criteria:
(1) The solvent has a flash point at or above
					 140° F;
(2) The solvent
					 toxicity can be classified as meeting the criteria for a Low or Moderate
					 Toxicity Air Contaminant as defined under Part 212 of this Title; and
(3) The composition of the manufactured
					 solvent has an acceptable batch-to-batch consistency as demonstrated in the
					 laboratory analyses of five (5) independent batch samples.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 232 - Dry Cleaning Facilities › Subpart 232-4 - Severability › Section 232-4.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable,
						and in the event that any provision of this Part is held to be invalid, the
						remainder of this Part shall continue in full force and
						effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.1 - Applicability and compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The owner or operator of a pharmaceutical or cosmetic manufacturing process
				  which meets the applicability criteria of this Part must obtain a permit to
				  construct or a certificate to operate prior to commencing construction and/or
				  operation of the process, as required by Part 201 of this Title, which includes
				  the method or methods which will be used to comply with the control
				  requirements of this Part.
(b) The
				  owner or operator of a pharmaceutical or cosmetic manufacturing process at
				  facilities in the New York City metropolitan area must comply with this Part
				  according to the following schedule:
(1)
				  Synthesized pharmaceutical manufacturing processes which were constructed on or
				  before May 10, 1981 at any facility compliance must have demonstrated
				  compliance with this Part by December 1, 1982.
(2) Synthesized pharmaceutical manufacturing
				  processes which were constructed after May 10, 1981 must demonstrate compliance
				  with this Part through the submission of an application for a permit to
				  construct or a certificate to operate containing the method or methods which
				  will be used to comply with the control requirements, prior to commencing
				  construction.
(3) The owner or
				  operator of all other pharmaceutical manufacturing processes not regulated by
				  paragraphs (1) and (2) of this subdivision or cosmetic manufacturing processes,
				  at any facility with annual potential to emit volatile organic compounds from
				  all sources regardless of process type, but excluding combustion installations,
				  that equal or exceed 25 tons must:
(i) submit
				  a compliance plan to the Department of Environmental Conservation by November
				  15, 1993, which contains a schedule of the steps necessary for the facility to
				  achieve compliance with this Part or reduce the facility's annual potential to
				  emit below the applicability criteria and the dates by which each step will be
				  completed;
(ii) be in compliance
				  with this Part or have permits modified to limit the facility's annual
				  potential to emit below the applicability criteria by June 1, 1995;
				  and
(iii) maintain the VOC control
				  requirements and compliance schedule included in any permit, regulation, rule,
				  administrative order, or any judicial order, until compliance with the
				  provisions of this Part is demonstrated to the satisfaction of the
				  commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.3 - Control requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Process equipment requirements.
The owner or operator of a pharmaceutical or cosmetic
					 manufacturing process subject to this Part must control the volatile organic
					 compound emissions from reactors, extractors, distillation operations,
					 crystallizers, centrifuges, and vacuum dryers which have an emission rate
					 potential of more than 15 pounds per day as follows:
(1) When surface condensers are used, the
				  condenser outlet gas temperature must not exceed the allowable temperature
				  limit described for each associated vapor pressure in the Table 1.
Table 1
VOC vapor pressure at 20° C
								(psi)
Allowable condenser outlet gas
								temperature (° C)
> 5.8
- 25
> 2.9
- 15
> 1.5
0
> 1.0
10
> 0.5
25
(2) If the operation of a condenser at the
				  exit temperature specified above results in freezing and consequent plugging of
				  the condenser, the allowable exit temperature may be raised to a maximum of
				  2°C above the freezing point of the volatile organic compound.
(3) In cases where the condenser outlet gas
				  temperature is not readily measurable due to negligible gas flow rate, the
				  temperature of the condenser coolant may be used in lieu of condenser outlet
				  gas temperature as long as the temperature of the condenser coolant does not
				  exceed the allowable condenser outlet gas temperature shown in Table
				  1.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.4 - Testing and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  owner and/or operator of a pharmaceutical or cosmetic manufacturing process
				  must follow notification requirements, protocol requirements and test
				  procedures of Part 202 of this Title for testing and monitoring of these
				  processes.
(b) The test procedures
				  to determine compliance must be approved by the commissioner and be consistent
				  with Appendix A of part 60 of title 40 of the Code of Federal Regulations (see
				  table 1, section
				  200.9  of this
				  Title). Depending upon conditions at a test site, one of the following test
				  methods from appendix A of  40 CFR 60  (see table 1, section
				  200.9  of this
				  Title) must be used to determine volatile organic compound (VOC) concentrations
				  of a gas stream at the inlet and outlet of a control device:
(1) Method 18, Measurement of Gaseous Organic
				  Compound Emissions by Gas Chromatography.
(2) Method 25, Determination of Total Gaseous
				  Organic Emissions as Carbon.
(3)
				  Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame
				  Ionization Analyzer.
(4) Methods
				  not listed above must be approved in advance by the department's representative
				  and the United States Environmental Protection Agency.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.5 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or
				  operator of a pharmaceutical or cosmetic manufacturing process subject to this
				  Part must maintain the following records at the facility for a period of five
				  years:
(1) parameters listed in section
				  233.4(c) and
				  (d)  must be recorded and;
(2) the vapor pressure of the volatile
				  organic compound at 20° C being controlled must be recorded for every
				  process.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.7 to 233.8 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 233 - PHARMACEUTICAL AND COSMETIC MANUFACTURING PROCESSES › Section 233.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.1 - General applicability and exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or operator of a graphic arts
				  facility is subject to all requirements of this Part, as specified, if the
				  facility is located in a severe ozone non-attainment area or emits total actual
				  annual volatile organic compound (VOC) graphic arts emissions of three tons or
				  more on a 12-month rolling basis.
(b) The owner or operator of a graphic arts
				  facility is subject only to sections: 234.5 Prohibition of sale or
				  specification; 234.6 Handling storage and disposal of VOC; 234.7 Recordkeeping;
				  and 234.8 Opacity of this Part if the facility is located outside a severe
				  ozone non-attainment area and emits total actual annual VOC graphic arts
				  emissions less than three tons on a 12-month rolling basis.
(c) A printing process that is subject to the
				  provisions of this Part will remain subject to these provisions even if the
				  emission of VOC from the facility or printing press later falls below the
				  applicability criteria.
(d) This
				  Part does not apply to:
(1) digital printing
				  presses;
(2) screen printing
				  processes that only use conductive ink to produce electronic circuits that
				  permit electric current flow through the printed line or pattern;
(3) screen printing processes that only use
				  sterilization indicating ink to monitor the sterilization of medical
				  instruments, autoclave efficiency, and the thermal processing of foods for the
				  prevention of spoilage;
(4) proof
				  presses; or
(5) the use of
				  specialty ink, coating or adhesive where the facility's total actual annual
				  usage of all specialty ink, coating and adhesive is no more than 55 gallons, on
				  a 12-month rolling basis, provided that each specialty ink, coating and
				  adhesive excluded from the requirements are recorded in accordance with section
				  234.7  of this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.3 - Control requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A packaging rotogravure, publication
				  rotogravure, or flexographic printing process that uses ink, coating or
				  adhesive containing VOC shall not operate if it: is located in a severe ozone
				  non-attainment area; has an annual potential to emit VOC of 25 tons per year or
				  more; or is located in a facility that has an annual potential to emit VOC of
				  50 tons per year or more, unless the printing process uses one of the following
				  strategies to control VOCs:
(i) ink, coating
				  or adhesive with low VOC content equal to or less than:
(a) 0.8 kilogram of VOC per kilogram of
				  solids as applied (0.8 kg VOC/ kg solids as applied); or
(b) 0.16 kilogram of VOC per kilogram of ink,
				  coating and adhesive as applied (0.16 kg VOC/ kg material as applied);
VOC content limits can be met by averaging the VOC content
					 of materials used on a single press (i.e., within a line);
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.4 - Testing and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Printing processes that use control equipment to comply with the provisions of
				  this Part must test and monitor the control equipment to ensure the overall
				  removal efficiency. Test methods included in this section must be used to
				  demonstrate the overall removal efficiency.
(1) For control equipment that uses
				  VOC/solvent recovery, overall removal efficiency must be demonstrated using
				  methods described in paragraphs (b)(1) and (2) of this section.
(2) For control equipment other than
				  VOC/solvent recovery, the chosen demonstration method must include provisions
				  to determine the overall removal efficiency.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.5 - Prohibition of sale or specification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person shall not sell, specify, or
				  require the application of a coating, ink or adhesive on a substrate if such
				  activity is prohibited by any of the provisions of this Part. The prohibition
				  of this section shall apply to all written or oral contracts under the terms of
				  which a coating, ink or adhesive is to be applied to a substrate. This
				  prohibition shall not apply to the following:
(1) ink, coating, or adhesive used in
				  printing processes where control equipment has been installed to demonstrate
				  compliance with this Part; or
(2)
				  ink, coating, or adhesive used in printing processes that have been granted
				  variances for reasons of technological and economic feasibility per section
				  234.3(f) 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.6 - Handling, storage and disposal of volatile organic compounds (voc)

Current through Register Vol. 46, No. 28, July 10, 2024
An owner or operator of a facility subject to this Part
					 shall not:
(a) use open containers to
				  store or dispose of cloth or paper impregnated with VOC or solvents that are
				  used for surface preparation, cleanup or the removal of ink, coating or
				  adhesive;
(b) use open containers
				  to store or dispose of spent or fresh VOC or solvents used for surface
				  preparation, cleanup or the removal of ink, coating or adhesive;
(c) use open containers to store, dispose or
				  dispense ink, coating or adhesive unless production, sampling, maintenance or
				  inspection procedures require operational access. This provision does not apply
				  to the actual device or equipment designed for the purposes of applying an ink,
				  coating or adhesive to a substrate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.7 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purchase, use,
				  and production records of ink, coating, adhesive, VOCs, solvent, fountain
				  solution and cleaning material must be maintained in a format acceptable to the
				  department, and upon request, submitted to the department. Any other
				  information required to determine compliance with this Part must be provided to
				  the department in an acceptable format. Records must be maintained at the
				  facility for five years.
(b) The
				  results of an analysis or other procedure used to establish compliance with
				  this Part must be provided to the department. Department representatives shall
				  be permitted, during reasonable business hours, to obtain ink, coating,
				  adhesive, cleaning material and fountain solution samples to determine
				  compliance with this Part.
(c) The
				  owner or operator of a graphic art facility which is not subject to the control
				  requirements of this Part because its annual potential to emit VOC or its total
				  actual VOC emissions, whichever applies is below the applicability criteria,
				  must maintain records in a format acceptable to the department that verify the
				  facility's annual potential to emit VOC or its total actual VOC emissions. Upon
				  request, these records must be submitted to the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 234 - Graphic Arts › Section 234.8 - Opacity

Current through Register Vol. 46, No. 28, July 10, 2024
A person shall not cause or allow emissions having an
					 average opacity of 10 percent or greater for any consecutive six minute period
					 from any emission source subject to this Part into the outdoor
					 atmosphere.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 235 - Consumer Products › Subpart 235-1 - Applicability › Section 235-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in Subpart 235-4 of this Part, this
						Part shall apply to any person who sells, supplies, offers for sale, or
						manufactures consumer products for use in the State of New
						York.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 235 - Consumer Products › Subpart 235-6 - Administrative Requirements › Section 235-6.1 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Product dating'.
(1) Each manufacturer of a
					 consumer product subject to Subpart 235-3 of this Part shall clearly display on
					 each consumer product container or package, the day, month, and year on which
					 the product was manufactured, or a code indicating such date.
(2) A manufacturer who uses the following
					 code to indicate the date of manufacture shall not be subject to the
					 requirements of paragraph (b)(1) of this section, if the code is represented
					 separately from other codes on the product container so that it is easily
					 recognizable:
YY DDD = year year day day day
Where:
YY = two digits representing the year in which the
						product was manufactured, and
DDD = three digits representing the day of the year on
						which the product was manufactured, with 001 representing the first day of the
						year, 002 representing the second day of the year, and so forth ('i.e.' the
						Julian date)
(3) This date
					 or code shall be displayed on each consumer product container or package no
					 later than twelve months prior to the effective date of the applicable standard
					 specified in section
					 235-3.1(a)  of this
					 Part.
(4) The date or date-code
					 information shall be located on the container or inside the cover/cap so that
					 it is readily observable or obtainable (by simply removing the cap/cover)
					 without irreversibly disassembling any part of the container or packaging. For
					 the purposes of this subdivision, information may be displayed on the bottom of
					 a container without removing any product packaging.
(5) The requirements of this subdivision
					 shall not apply to products containing no VOCs (as defined in subdivision
					 200.1(cg)  of this
					 Title), or containing VOCs at 0.10 percent by weight or less.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 235 - Consumer Products › Subpart 235-8 - Variances › Section 235-8.1 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who
					 cannot comply with the requirements set forth in Subpart 235-3 of this Part,
					 because of extraordinary reasons beyond the person's reasonable control may
					 apply in writing to the director, Division of Air Resources, Department of
					 Environmental Conservation for a variance. When approved by the director,
					 Division of Air Resources, Department of Environmental Conservation, the
					 variance will be submitted to the United States Environmental Protection Agency
					 as a State Implementation Plan revision for approval.
The variance application shall set forth:
(1) the specific grounds upon which the
					 variance is sought;
(2) the
					 proposed date(s) by which compliance with the provisions of Subpart 235-3 of
					 this Part will be achieved; and
(3)
					 a compliance report reasonably detailing the method(s) by which compliance will
					 be achieved.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 235 - Consumer Products › Subpart 235-9 - Test Methods › Section 235-9.1 - Test methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Testing to determine compliance with the requirements of this Part, shall be
					 performed using CARB Test Method 310, Determination of Volatile Organic
					 Compounds (VOC) in Consumer Products (see Table 1, section
					 200.9  of this Title). For the
					 purposes of this Subpart, CARB Test Method 310 reference to Executive Officer
					 will be replaced by director, Division of Air Resources, Department of
					 Environmental Conservation. Alternative methods which are shown to accurately
					 determine the concentration of VOCs in a subject product or its emissions may
					 be used upon approval of the director, Division of Air Resources, Department of
					 Environmental Conservation. When approved by the director, Division of Air
					 Resources, Department of Environmental Conservation, the alternative test
					 method will be submitted to the United States Environmental Protection Agency
					 as a State Implementation Plan revision for approval. Information submitted to
					 the director, Division of Air Resources, Department of Environmental
					 Conservation may be claimed as confidential; such information will be handled
					 in accordance with the confidentiality procedures specified in applicable New
					 York State laws and regulations.
(b) 'VOC content determinations using product
					 formulation and records'. Testing to determine compliance with the requirements
					 of this Part may also be demonstrated through calculation of the VOC content
					 from records of the amounts of constituents used to make the product pursuant
					 to the following criteria:
(1) Compliance
					 determinations based on these records may not be used unless the manufacturer
					 of a consumer product keeps accurate records for each day of production of the
					 amount and chemical composition of the individual product constituents. These
					 records must be kept for at least three years.
(2) If product records appear to demonstrate
					 compliance with the VOC content limits, but these records are contradicted by
					 product testing performed using CARB Test Method 310 (see Table 1, section
					 200.9  of this Title), the results
					 of CARB Test Method 310 shall take precedence over the product records and may
					 be used to establish a violation of the requirements of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 235 - Consumer Products › Subpart 235-10 - Severability › Section 235-10.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable,
						and in the event that any provision of this Part is held to be invalid, the
						remainder of this Part shall continue in full force and
						effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 236 - SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY COMPONENT LEAKS › Section 236.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any owner or
				  operator of a synthetic organic chemical manufacturing facility where such
				  chemicals were being produced prior to the effective date of this Part, must:
(1) prepare a leak detection and repair plan
				  in accordance with section
				  236.5 
				  of this Part; and
(2) be in
				  compliance with the provisions of this Part within 180 days of the effective
				  date of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 236 - SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY COMPONENT LEAKS › Section 236.3 - Control requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  owner or operator of a synthetic organic chemical manufacturing facility must
				  monitor each of the following process unit components for leaks, on a quarterly
				  schedule:
(1) each pump in light liquid
				  service;
(2) each compressor in
				  gas/vapor service;
(3) each
				  pressure relief valve in gas/vapor service;
(4) each valve in light liquid service;
				  and
(5) each valve in gas/vapor
				  service.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 236 - SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY COMPONENT LEAKS › Section 236.4 - Repair requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  owner or operator of a synthetic organic chemical manufacturing facility shall
				  repair leaking components in accordance with this section.
(b) Once a leaking component is identified,
				  any owner or operator subject to this Part must:
(1) affix a weatherproof and readily visible
				  tag to the leaking component bearing an identification number and the date the
				  leak was detected. This tag must not be removed until the component is repaired
				  and passes reinspection;
(2) make
				  an initial attempt to repair the leaking component within five days;
(3) repair the leaking component as soon as
				  practicable, but not later than 15 calendar days after the leak is detected;
				  and
(4) remonitor all leaking
				  components within 48 hours after repairs have been completed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 236 - SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY COMPONENT LEAKS › Section 236.5 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a synthetic organic chemical
					 manufacturing facility subject to this Part must do the following:
(a) develop and conduct a leak detection and
				  repair plan consistent with the provisions of this Part;
(b) within 180 days after the effective date
				  of this Part, implement a leak detection and repair plan. The plan must contain
				  as a minimum a list of process components subject to the provisions of this
				  Part, a copy of the log book format, and the make and model of the monitoring
				  equipment to be used;
(c) record
				  the following information in an inspection log for each leaking component
				  found:
(1) name of process unit where the
				  component is located;
(2) tag
				  identification number;
(3) type of
				  component;
(4) date on which the
				  leak was detected for the component;
(5) date on which the component was
				  repaired;
(6) identification of
				  those components which cannot be repaired until process unit shutdown, the
				  reason repair must be delayed, and the signature of a duly authorized
				  representative of the facility whose decision was that the leaking component
				  could not be repaired without a process unit shutdown;
(7) the date of each calibration of the
				  monitoring instrument;
(8) date and
				  monitor instrument reading detected after the component is repaired;
				  and
(9) total number of components
				  monitored and the total number of components found leaking;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 236 - SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY COMPONENT LEAKS › Section 236.6 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any components
				  not in gas/vapor or light liquid service are exempt from the provisions of this
				  Part provided that the owner or operator keeps documentation at the facility
				  proving which components are exempt.
(b) Any components in vacuum service are
				  exempt from the provisions of this Part provided that the owner or operator
				  keeps documentation at the facility proving which components are
				  exempt.
(c) Any components in
				  process units which produce chemicals listed in section
				  236.8, table 1, of this
				  Part as byproducts which are not sold and are not used in another process as an
				  intermediate product, are exempt.
(d) Any components in process units which
				  produce chemicals listed in section
				  236.8, table 1, of this
				  Part which are in gas/vapor or light liquid service fewer than 300 hours per
				  year are exempt from the provisions of this Part provided that the owner or
				  operator keeps documentation at the facility proving which components are
				  exempt.
(e) The department will
				  review and make determination on requests for waivers for the following:
(1) Components that are unsafe to monitor
				  because of extreme temperatures, extreme pressures, location more than two
				  meters (6.6 feet) above a permanent support structure, or for other reasons may
				  be exempt from quarterly monitoring provided that the owner or operator
				  requests a waiver from the department which includes a plan to monitor these
				  components at least once per year.
(2) Components constructed to vent the
				  emissions of chemicals regulated in this Part to an air cleaning installation
				  may be exempt from quarterly monitoring provided that the owner or operator
				  requests a waiver from the department which includes a plan to monitor these
				  components at least once per year. The waiver application must also show that
				  the air cleaning installation provides an overall capture and removal
				  efficiency of at least 81 percent.
(3) An alternative method of compliance with
				  the provisions of this Part may be acceptable if the owner or operator can
				  demonstrate to the department that the methods utilized constitute reasonably
				  available control technology.