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 232-2.9 - Equipment testing, certification and statement of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Model
					 certification and Statement of Compliance. The department will no longer
					 certify the performance of any fourth generation perc dry cleaning machine that
					 was not certified by the department prior to the issuance of this revised rule.
					 After the effective date of this Subpart, the following provisions apply to
					 every new perc dry cleaning machine offered for sale, sold, leased or installed
					 in New York State:
(1) Only new fourth
					 generation perc dry cleaning machines that belong to equipment models
					 previously certified by the department or that have been issued a
					 manufacturer's Statement of Compliance may be installed in New York
					 State.
(2) Before any manufacturer
					 or vendor may sell or lease any new uncertified fourth generation perc dry
					 cleaning machine in New York State, the manufacturer or manufacturer's agent
					 must first test the equipment model to verify that the uncertified model
					 complies with all aspects of the design and performance standards in section
					 232-2.4  of this Subpart, at the time of installation. Should the tested model
					 meet the design and performance standards, the manufacturer or manufacturer's
					 representative shall then issue a notarized Statement of Compliance for the
					 uncertified model. For an uncertified model that has undergone a name change
					 and is identical to a model previously certified by the department, other than
					 for cosmetic differences, no equipment testing is required if this equivalency
					 is stated and affirmed in the Statement of Compliance.
(3) It is unlawful for any person to sell,
					 offer for sale, cause to be offered for sale, lease or misrepresent any new
					 fourth generation dry cleaning machine as one which can be installed in a dry
					 cleaning facility in New York State unless it meets the requirements of
					 paragraph (1) of this subdivision.
(4) Upon request, the manufacturer or vendor
					 of any new perc dry cleaning machine, leased or purchased after the effective
					 date of this Subpart for installation and use in New York State, must provide
					 the leaseholder or buyer with a copy of the manufacturer's Statement of
					 Compliance. Any such Statement of Compliance must verify that the requirements
					 of paragraph (2) of this subdivision have been met.
(5) The manufacturer or vendor of any fourth
					 generation perc dry cleaning machines, certified by the department, or
					 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 notification must include a detailed plan to remedy the
					 design or functional defect.
(6)
					 After any new perc dry cleaning machine is installed at a facility, the
					 manufacturer or manufacturer's representative must conduct an on-site two-day
					 training session for the purchaser or lessee. The training session must include
					 instruction on how to maintain and operate the perc dry cleaning
					 machine.