HSIA Solvents Update -- Feb/March 2008

Halogenated Solvents Industry Alliance, Inc
UPDATE
Legislative and Regulatory News for the Solvents Industry

February/March 2008

EPA To Correct Drycleaning Rule

The US Court of Appeals for the DC Circuit has granted a joint motion for a partial remand of EPA’s amendments to the national emission standard for hazardous air pollutants (NESHAP) for perchloroethylene drycleaning. The amendments are the subject of lawsuits brought by both Sierra Club and HSIA and other industry associations. The motion for partial remand was filed by EPA, Sierra Club, and the industry litigants and will allow EPA to make necessary technical corrections to the NESHAP amendments. Among the corrections to be made are:

Clarification that area source drycleaners are not required to conduct weekly colorimetric monitoring (and maintain the corresponding records) in the wheel of new 4th generation equipment to ensure that solvent levels are at or below 300 parts per million.

Revision of the language requiring monitoring of the refrigeration condenser to allow cleaners to monitor the exit temperature as an alternative to keeping track of the pressure. While EPA believes that pressure-gauge monitoring is more reliable, it recognizes that monitoring the temperature may be the preferred approach in some cases.

Clarification that the phaseout of existing transfer and co-residential machines applies to all size cleaners, including those considered small area sources under the original 1993 NESHAP. (The legality of the phaseout of co-residential equipment is one of the main issues to be considered by the DC Circuit.)

EPA originally proposed to require that only major sources (emitting 10 tons or more of a HAP) conduct the weekly wheel monitoring for new 4th generation equipment. In the final rule, the Agency removed the equipment requirement for major sources, but neglected to make the necessary correction to the drum monitoring requirement. Unless corrected, the amended NESHAP will require area source drycleaners who installed 4th generation equipment after December 2005 to begin the weekly monitoring in July 2008.

A number of states have incorporated, or are in the process of incorporating, the wheel monitoring requirement in their own regulations implementing the amendments to the NESHAP. Although EPA staff have indicated their intent to move quickly to make the technical corrections, cleaners may wish to communicate the information about the pending correction to their state regulators.

The DC Circuit Court’s order postpones briefing in the litigation until at least mid-June, anticipating that EPA will complete the technical corrections over the next 3 months. The delay in the Court’s consideration of the consolidated Sierra Club and industry petitions is not expected to postpone its decision which likely will not be rendered before next year in any event.

Industry Criticizes NJ Drycleaning Proposal

HSIA submitted extensive comments to the New Jersey Department of Environmental Protection (NJDEP) on its proposal to phase out perchloroethylene drycleaning by 2021. Among its comments, HSIA noted that -

NJDEP has not considered the most recent scientific information, including a comprehensive epidemiology study of drycleaning workers in the Nordic countries published in 2006,

NJDEP overestimates perchloroethylene use and emissions by NJ drycleaners by as much as a factor of 3,

ambient levels of perchloroethylene in the state have dropped significantly and do not present a significant public health concern,

NJDEP has overestimated exposures to residents and other sensitive receptors close to cleaning plants, and

the NJDEP proposal, if enacted, would impose a serious economic burden on many of the state’s 1,600 cleaners using perchloroethylene.

In addition to a phaseout, the NJDEP proposal would eliminate all perchloroethylene cleaners in residential buildings by July 2009, more than 10 years ahead of the federal requirement that is the subject of litigation (see related article). The proposal also would require that all of the remaining perchloroethylene cleaners use 4th generation equipment (with primary and secondary controls) or install vapor barriers by January 2010.

In its comments, and in previous discussions with NJDEP representatives, HSIA has indicated its support for the proposal to require 4th generation equipment, but objected to the abbreviated time schedule for compliance. Similar concerns were voiced by about 50 witnesses who testified on the NJDEP proposal at a public hearing held on January 18th. The witnesses included representatives of the Korean-American Cleaners Association of New Jersey, the National Cleaners Association, the North East Fabricare Association, the Drycleaning and Laundry Institute, the Textile Care Allied Trades Association, and the Chemical Industry Council of New Jersey.

The industry’s concerns with the proposal have been echoed by several members of the New Jersey legislature and other elected officials. This concern is expected to result in the introduction of legislation that would require NJDEP to conduct additional study before moving ahead with any controls on the state’s drycleaning industry.

Information in this Update is believed to be correct as of the date of publication, but HSIA cannot guarantee its completeness or accuracy. In publishing this information, HSIA is not providing legal advice and does not assume or undertake any duty imposed by law or regulation. Mention of particular products, practices, or services does not constitute HSIA endorsement.