EPA Proposes New Standards for Dry Cleaners
 
February 23, 2006
 

The EPA recently proposed a rule that would establish new perchloroethylene (PCE, also known as PERC, tetrachloroethyene and tetracholorethylene) air emissions standards for dry cleaning operations. See 70 Fed. Reg. 75884 (December 21, 2005). The proposed rules would amend the federal Clean Air Act.

PCE is a solvent used in the dry cleaning industry and is the only air toxic emitted from the dry cleaning process. Air toxics, also know as hazardous air pollutants, are known or suspected to cause cancer or other serious health effects. The proposed rules are risk-based standards to reduce health risks from air toxics by limiting an individual’s cancer risk to approximately 100 in 1 million. In other words, a person living near a dry cleaning facility and exposed to maximum concentrations of PCE over a 70-year lifetime would have no more than a 100 in 1 million chance of getting cancer.

The proposed rule would affect three types of dry cleaners that use PCE: (1) large, industrial and commercial dry cleaners; (2) freestanding smaller dry cleaners; and (3) smaller dry cleaners located in “co-residential” settings such as apartment buildings. The three types of PCE dry cleaners are associated with different levels of cancer risk.

Large industrial and commercial dry cleaners are classified as “major sources,” meaning they emit more than 10 tons of PCE a year. There are currently only 15 of these large dry cleaning operations in the United States. These large cleaners are regulated under the EPA’s Maximum Achievable Control Technology (MACT) standards. The EPA estimates that 9 million people live within six miles of these major source dry cleaners and the estimated risk to these people could be as high as 2,400 in a million. Of those people, it is likely that 1,200 in a million would have a risk above what EPA considers acceptable. If enacted, the EPA expects the proposed amendments to reduce health risks by requiring large industrial and commercial cleaners to meet new equipment standards, to conduct enhanced leak detection and repair on a monthly basis to detect PCE leaks from equipment, and to repair such leaks and maintain records.

Freestanding small dry cleaners are classified under the Clean Air Act as “area sources,” which means they emit less than 10 tons of PCE each year. These smaller dry cleaners are covered by emissions standards known as Generally Available Control Technology (GACT) standards. The EPA estimates that there are 27,000 freestanding small dry cleaners in the United States and approximates the risk to most people living near these cleaners to be below 10 in 1 million. The proposed amendments would require new freestanding small area source dry cleaners to meet equipment standards. Enhanced leak detection and equipment repair would also be required. In addition, the proposed amendments would require existing freestanding small dry cleaners to eliminate all transfer machines. Transfer machines require the operator to move wet clothes from one machine to a drying machine; they are considered to emit the highest amount of PCE of any existing equipment. The amendments would also require enhanced PCE leak detection.

The EPA estimates that 1,300 small “area source” dry cleaners are located on the ground floor of residential apartment buildings. Like the freestanding small dry cleaners, these “co-residential” cleaners are covered by GACT. Because of the proximity of residences to dry cleaners in this scenario, the EPA estimates cancer risks to be much higher than for typical area sources. In fact, the EPA estimates maximum cancer risks for people living in some of these buildings to be greater than 100 in 1 million.

Therefore, the EPA is proposing two options for addressing “co-residential” dry cleaners:

1) Residual Risk Option

In the first option, existing “co-residential” dry cleaners would be required to eliminate transfer machines and to meet the same monitoring, leak detection and repair requirements as freestanding small dry cleaners. New dry cleaners would be prohibited from using PCE in their operations. In addition, existing cleaners in residential buildings could not install any new PCE machines when their current machines wear out.

2) Technology Option

In the second option, EPA would issue nationwide technology requirements based on the New York State Department of Environmental Conservation’s (NYSDEC) dry cleaning regulations. The NYSDEC’s regulations are considered the most stringent in the nation. The NYSDEC’s rules require “co-residential” dry cleaning equipment to have refrigerated condensers that recover PCE solvent from PCE vapors, and to have carbon absorbers, which trap PCE emissions and prevent them from emitting to outside air. Under this option, dry cleaners would be required to store PCE equipment inside a vapor barrier that helps prevent PCE emissions. Other NYSDEC requirements include weekly leak inspections, third-party inspections and certification by an approved training program.

The EPA is seeking additional data on the emission levels, exposure and cancer risk that still remains under the NYSDEC’s regulations. The EPA is also seeking comments on additional available technologies that would further reduce risk. The EPA will accept public comments on the proposed rules and the options for “co-residential” dry cleaners until February 6, 2006. EPA is under a court order to issue a final rule by April 28, 2006.

For more information, e-mail Sarah C. Smith at sarah.smith@hklaw.com or call toll free, 1-888-688-8500.