ASSEMBLY, No. 90
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROONEY
An Act concerning control of air pollution by certain toxic substances and supplementing P.L.1954, c.212 (C.26:2C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of this act:
"Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid particles, vapors or gases, including, but not limited to, perchloroethylene emissions;
"Area source dry cleaner" means any perchloroethylene dry cleaning facility, including, but not limited to, facilities with owner-operated dry cleaning machines or coin-operated dry cleaning machines operated by customers;
"Carbon adsorber" means equipment or other apparatus or device that uses a bed of activated carbon into which an air stream of perchloroethylene emissions is routed and which adsorbs the perchloroethylene emissions into the carbon;
"Control apparatus" means any device or machine which prevents or controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere;
"Department" means the Department of Environmental Protection;
"Dry-to-dry machine" means a one-machine dry cleaning operation in which washing and drying are performed in the same machine;
"EPA" means the United States Environmental Protection Agency;
"Generation 4 dry cleaning equipment" means dry-to-dry machines with a stage of carbon adsorbers or equivalent apparatus that reduces the level of perchloroethylene left in the drum of the machine to 300 parts per million or less;
"Perchloroethylene emissions" means any gaseous or vaporous releases of perchloroethylene, tetrachloroethylene or its chemical equivalent, whether released into the indoor environment or outdoor atmosphere.
2. a. On and after the effective date of this act, any person establishing a new area source dry cleaner, installing or replacing dry cleaning equipment and machines, or expanding an existing area source dry cleaner into new locations or in the existing facility shall install or equip the facility with Generation 4 dry cleaning equipment.
b. Within three years of the effective date of this act, all owners of an area source dry cleaner shall replace their dry cleaning equipment with, or convert their equipment to, dry-to-dry machines that do not vent into the outdoor atmosphere, or retrofit its dry-to-dry machines which release into the outdoor atmosphere with control apparatus that reduce perchloroethylene emissions to no greater than 5 parts per million. Any dry-to-dry machine that is not a Generation 4 machine shall also be retrofitted with the equipment necessary to install an inward door fan which directs perchloroethylene emissions into a carbon adsorber at the rate of 100 feet per minute.
c. After three years following the effective date of this act, no person shall operate an area source dry cleaner with equipment that is not Generation 4 dry cleaning equipment, unless the area source dry cleaner operates dry-to-dry machines that do not vent into the outside atmosphere and the machines have been retrofitted with the equipment necessary to install an inward door fan which directs perchloroethylene emissions into a carbon adsorber at the rate of 100 feet per minute, and, if the area source dry cleaner operates any dry-to-dry machines which release into the outdoor atmosphere, the owner of the area source dry cleaner has retrofitted the machines with control apparatus that reduce perchloroethylene emissions to no greater than 5 parts per million.
d. After three years following the effective date of this act, no person shall operate an area source dry cleaner with a ventilation system for the facility that releases into the outdoor atmosphere perchloroethylene emissions greater than 5 parts per million. Area source dry cleaner ventilation systems releasing perchloroethylene emissions in excess of 5 parts per million shall be retrofitted with control apparatus or the ventilation system equipment shall be replaced with equipment that reduces the perchloroethylene emissions from the area source dry cleaner ventilation system to no greater than 5 parts per million.
3. Within one year of the effective date of this act, the Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a random inspection program for area source dry cleaners. These rules and regulations shall provide for the monitoring and supervision of conversion and retrofitting of equipment, enforcement of the standards and requirements set forth in this act, and penalties for violations of the standards and requirements. The rules and regulations may also include any other provisions deemed necessary by the department for the implementation and enforcement of this act.
4. Nothing in this act shall be construed to supersede or otherwise interfere with the department's issuance of operating permits or its implementation of any federal program establishing national perchloroethylene air emission standards for dry cleaning facilities, except that, if the implementation of the program requires area source dry cleaners to retrofit or replace equipment or machines, the department shall require the area source dry cleaner to comply with the requirements of this act, and in the event that emissions standards vary, the department shall enforce the most stringent standard for perchloroethylene emissions.
5. This act shall take effect immediately.
STATEMENT
This bill requires all perchloroethylene dry cleaners to convert within three years of the effective date of this act to Generation 4 dry cleaning machines or retrofit the dry-to-dry machines used in the facility with equipment that reduces perchloroethylene concentrations in the drum of the machine to 300 parts per million.
Perchloroethylene is a carcinogenic, toxic substance used widely in the dry cleaning of garments and other items. In the cleaning process, the substance becomes airborne as gas and vapors and can be released into the atmosphere or the room in which dry cleaning machines are operating. Dry-to-dry machines eliminate the exposure caused by moving garments from a washing to a drying machine and Generation 4 dry-to-dry machines have been developed so that the level of perchloroethylene emissions in the drum of the machine are reduced to 300 parts per million. This level in the drum reduces perchloroethylene emissions at the time of the machine door opening to an amount believed to be negligible and of no health risk.
The bill also requires the phase-out within three years of any dry-to-dry dry cleaning machines that vent perchloroethylene emissions into the outdoor atmosphere at levels exceeding 5 parts per million. Dry cleaners are permitted to retrofit machines with control apparatus that reduce the emissions to 5 parts per million. The bill further requires that, after three years following the effective date of the act, ventilation systems for dry cleaners release no more than 5 parts per million of perchloroethylene emissions. The bill directs the Department of Environmental Protection to develop and implement by rule and regulation a random inspection program to ensure compliance with the provisions of the act.
The bill establishes the same standards developed by the dry cleaning industry in New York State and being implemented in that State.
Requires phase-out of perchloroethylene dry cleaning machines venting into the outdoor atmosphere; requires new equipment or retrofitting with certain control apparatus; directs DEP to establish random inspections.