N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 232-2.10

Current through Register Vol. 46, No. 50, December 11, 2024

Section 232-2.10 - Owner/manager, operator and inspector training and certification

(a) Except for the conditions established in subdivision (b) of this section, it is unlawful for any person to operate a perc dry cleaning facility subject to this Subpart unless:

(1) the facility manager and/or owner has a current and valid perc dry cleaning owner/manager certification; and

(2) the person operating the perc dry cleaning machine has a current and valid perc dry cleaning operator certification.

(b) In the event that an unforeseen/unpredictable situation occurs that prevents a perc dry cleaning facility from having a trained operator on-site to operate the perc dry cleaning equipment, operation of the dry cleaning machine(s) may continue with a non-certified operator for a period not to exceed three days per occurrence. Under no circumstances may an uncertified operator operate perc 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 perc dry cleaning owner/manager certification may be issued by any organization that offers an environmental training program (including refresher courses) approved by the department and that includes, at minimum, 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 and a summary of the new regulatory requirements for alternative solvent dry cleaning equipment;

(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 perc dry cleaning systems including environmental control equipment and general and local exhaust ventilation systems;

(viii) operation of perc dry cleaning systems including environmental control equipment and the use of perc-contaminated wastewater evaporators;

(ix) maintenance of perc dry cleaning systems including spill prevention techniques;

(x) inspection and testing of perc 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 (c)(1) of this subdivision; and

(ii) procedures for revocation of certification.

(d) A perc dry cleaning operator certification may be issued by any organization that offers an environmental training program (including refresher courses) approved by the department and that includes, at minimum, 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 perc dry cleaning systems including environmental control equipment and the use of perc-contaminated wastewater evaporators;

(viii) maintenance of perc dry cleaning systems including spill prevention techniques;

(ix) inspection and testing of perc 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 (d)(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 perc dry cleaner owner/manager certification.

(f) A perc dry cleaning operator certification will be valid for a five year period and may be renewed upon completion of a refresher course.

(g) Persons or organizations authorized by the department to offer owner/manager and/or operator environmental training programs with a certification exam shall not require membership in an association nor the purchase of a product as a prerequisite to enrollment or for successful completion of the course. An authorization is valid for a maximum of five years and may be renewed by filing an application provided by the department. Such applications must be filed at least six months prior to the expiration of the current authorization.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 232-2.10

Adopted New York State Register February 28, 2018/Volume XL, Issue 09, eff. 3/9/2018