6 CRR-NY 232.14NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 232. PERCHLOROETHYLENE DRY CLEANING FACILITIES
6 CRR-NY 232.14
6 CRR-NY 232.14
232.14 Owner/manager operator training and certification.
(a) Except for the conditions established in subdivision (b) of this section, it is unlawful for any person to operate a dry cleaning facility subject to this Part unless:
(1) the facility manager and/or owner has a current and valid dry cleaning owner/manager certification; and
(2) the person operating the dry cleaning machine has a current and valid dry cleaning operator certification.
(b) In the event that an unforeseen/unpredictable situation prevents a dry cleaning facility from having a certified operator operating the dry cleaning equipment, the owner/manager will be allowed to continue operation of the dry cleaning machine with a non-certified operator for a period not to exceed three days per occurrence. Under no circumstances may an uncertified operator operate dry cleaning equipment at any facility for a total of more than 10 days in any calendar year. If the use of an uncertified operator would cause nonperformance of required maintenance and leak detection, the facility must suspend dry cleaning operations until a certified operator is available. The purpose of this provision is to accommodate emergencies or unforeseen extenuating circumstances and must not be used to cover routine situations such as vacations or other scheduled absences.
(c) A dry cleaning owner/manager certification may be issued by any organization that offers a training program (including refresher courses) approved by the department that includes, but is not limited to, the following elements:
(1) Course topics:
(i) the history of dry cleaning and wet cleaning techniques including the appropriate use of each;
(ii) alternatives to perc, including greater use of wet cleaning;
(iii) the characteristics and environmental effects of perc;
(iv) the health impacts of perc;
(v) knowledge of personal protective equipment;
(vi) Federal, State and local government operation, maintenance, recordkeeping and reporting requirements, including the administration and implementation of appropriate state and Federal labor, health, and safety laws and regulations;
(vii) knowledge of dry cleaning systems including environmental control equipment and general and local exhaust ventilation systems;
(viii) operation of dry cleaning systems including environmental control equipment and the use of perc-contaminated wastewater evaporators;
(ix) maintenance of dry cleaning systems including spill prevention techniques;
(x) inspection and testing of dry cleaning systems for leaks and fugitive emissions;
(xi) monitoring of perc levels in the air;
(xii) maximizing perc reclamation and mileage; and
(xiii) waste handling requirements to minimize perc loss to the environment.
(2) Administration. The course administration must include:
(i) testing by an independent testing organization, covering all topics listed in paragraph (1) of this subdivision; and
(ii) procedures for revocation of certification.
(d) A dry cleaning operator certification may be issued by any organization that offers a training and testing program (including refresher courses) approved by the department that includes, but is not limited to, the following elements:
(1) Course topics:
(i) the characteristics and environmental effects of perc;
(ii) appropriate use of wet cleaning;
(iii) the health impacts of perc;
(iv) knowledge of personal protective equipment;
(v) state recordkeeping and reporting requirements;
(vi) knowledge of general and local exhaust ventilation systems;
(vii) operation of dry cleaning systems including environmental control equipment and the use of perc-contaminated wastewater evaporators;
(viii) maintenance of dry cleaning systems including spill prevention techniques;
(ix) inspection and testing of dry cleaning systems for leaks and fugitive emissions;
(x) monitoring of perc levels in the air;
(xi) maximizing perc reclamation and mileage; and
(xii) waste handling requirements to minimize perc loss to the environment.
(2) Administration. The program administration must include:
(i) a hands on program designed to test an acceptable level of knowledge. Successful completion of the program must include a demonstrated knowledge of all topics listed in paragraph (1) of this subdivision; and
(ii) procedures for revocation of certification.
(e) Individuals that inspect dry cleaning facilities, either as a registered inspector or under the supervision of a registered inspector, must obtain a dry cleaner owner/manager certification.
(f) Effective date for dry cleaning owner/manager and dry cleaning operator certification. After the date of the first qualifying training program approved by the department, the requirements of this subdivision will take effect and the first training and certification will be mandatory according to the following schedule:
(1) upon start up for all operators of new dry cleaning facilities unless the facility owner/manager can demonstrate that compliance with this requirement poses an unreasonable burden because of the unavailability of scheduled training courses or testing facilities;
(2) three months for operators of all existing dry cleaning facilities that are in mixed-use locations and that contain transfer machines;
(3) six months for operators of all existing dry cleaning facilities in mixed use locations that contain dry-to-dry vented machines but do not contain transfer machines;
(4) nine months for operators of all the rest of the existing dry cleaning facilities in mixed- use locations;
(5) twelve months for operators of all existing dry cleaning facilities in stand-alone locations that contain transfer machines;
(6) fifteen months for operators of existing dry cleaning facilities in stand-alone locations that contain dry-to-dry vented machines but do not contain transfer machines; and
(7) eighteen months for operators of all the rest of existing dry cleaning facilities in stand- alone locations.
(g) A dry cleaning operator certification will be valid for a three-year period and may be renewed upon completion of a refresher course.
(h) Persons or organizations authorized to offer operator training and certification courses may not require membership in an association or purchase of a product as a prerequisite to enrollment or successful completion of the course.
(i) An authorization to offer operator training and certification courses is valid for a maximum of five years. The authorization may be renewed by filing an application provided by the department. Such application must be filed at least six months prior to the expiration of the current authorization.
Note:
An advisory committee will be established by the department to advise it on the specific content of the courses and examinations and the qualifications of the instructors, and to periodically review the requirements.
6 CRR-NY 232.14
Current through August 31, 2017
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