Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005 Page: 6,579
6499-6834 p. ; 28 cm.View a full description of this periodical.
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(3) Each owner of a dry cleaning facility that is a major
source as defined in Chapter 122 of this title (relating to Federal Oper-
ating Permits Program) shall obtain an operating permit.
(e) [(4)] Dikes and other secondary containment structures.
(1) Applicability. This [Unless otherwise specifically
stated, this] subsection applies to:
(A) all dry cleaning facilities using chlorinated dry
cleaning solvents; and
(B) all other dry cleaning facilities that replace or install
a dry cleaning machine on or after September 1, 2005 [, with the ex-
eeption of any dry cleaning facility that primarily uses earben dioxide].
(2) Compliance deadlines. The compliance deadlines set
forth in subsection (b) of this section apply to all dry cleaning facil-
ities with the exception of dry cleaning facilities in operation on or
before January 1, 2004, that have gross annual receipts of $150,000
or less (as indicated on the most current registration form filed with
the agency). These dry cleaning facilities have until January 1, 2015,
to comply with this subsection. However, if before January 1, 2015,
a qualifying dry cleaning facility begins to have gross annual receipts
greater than $150,000, the dry cleaning facility must meet the require-
ments of this subsection by August 1 of the year following the time
the facility exceeded $150,000 in annual gross receipts.
(3) [(2)] Installation.
(A) Each owner of a dry cleaning facility shall install a
dike or other secondary containment structure around each dry clean-
ing unit and around each storage area for dry cleaning solvents, dry
cleaning waste, or dry cleaning wastewater.
(B) Each secondary containment structure must be
maintained in good condition and capable of containing any leak, spill,
or release of dry cleaning solvents in accordance with this subsection.
(C) Floor drains must not be located within any sec-
ondary containment structure required by this subsection.
(4) [(3)] Construction materials.
(A) The materials used to construct each secondary
containment structure must be impervious to, and compatible with,
the dry cleaning solvents, dry cleaning wastes, and dry cleaning
wastewater used or stored within the secondary containment structure.
(B) For any dry cleaning unit using chlorinated dry
cleaning solvents and any storage area for chlorinated dry cleaning
solvents, chlorinated dry cleaning wastes, or chlorinated dry cleaning
wastewater, materials other than epoxy or steel may be used for
the construction of the secondary containment structure only upon
approval by the executive director. Approval for the use of a material
other than epoxy or steel will be granted upon satisfactory demonstra-
tion to the executive director that the material is as compatible with,
and impervious to, dry cleaning solvent as epoxy or steel.
(C) All sealant and all caulk used on each secondary
containment structure must be impervious to and compatible with the
dry cleaning solvent, dry cleaning waste, or dry cleaning wastewater
used or stored within the secondary containment structure.
(5) [(4)] Storage capacity.
(A) Dry cleaning machine. Each secondary contain-
ment structure installed after September 1, 2005, must be capable of
completely containing a minimum of 110% of the volume of liquids
that can be held within the largest tank on a machine. The secondary
containment area must be kept free of all materials or objects that would
diminish its capacity to contain a leak, spill, or release.(B) Storage area. Each secondary containment struc-
ture installed after September 1, 2005, must be capable of completely
containing a minimum of 110% of the volume of liquids that can be
held within the largest container in a storage area. The secondary con-
tainment area must be kept free of all materials or objects that would
diminish its capacity to contain a leak, spill, or release.
(6) [(5)] Inspections. The owner of each dry cleaning fa-
cility shall visually inspect each installed secondary containment struc-
ture weekly to ensure that the structure is not damaged.
(A) The owner of each dry cleaning facility shall ensure
that any damage is repaired within seven days after the discovery. The
owner may request an extension of this time limit from the executive di-
rector. If there is a release or imminent threat of release of dry cleaning
solvents, the owner shall ensure that any release is immediately con-
tained and controlled and that the dry cleaning machine is temporarily
removed from service until the damage is repaired within the seven-day
time limit.
(B) The owner of each dry cleaning facility shall keep
a log of these inspections which include, as a minimum, the following
information. This information must be provided to the executive direc-
tor upon request:
(i) the date and time of each inspection;
(ii) the name of the person conducting the inspec-
tion;
(iii) a brief notation of findings; and
(iv) the date and nature of each repair or other action
taken.
(C) For dry cleaning facilities using chlorinated
solvents, inspection logs required under this section may be added
to the leak inspection and repair records required by 40 Code of
Federal Regulations Part 63, Subpart M, for dry cleaning equipment
containing chlorinated solvent.
(D) Each inspection and repair log must be kept at the
dry cleaning facility for not less than five years after the log has been
completed.
(f) [(e)] Delivery of solvents.
(1) Chlorinated dry cleaning solvents. All chlorinated dry
cleaning solvents must be delivered to dry cleaning units and solvent
storage containers by means of either of the following:
(A) a closed, direct-coupled delivery system; or
(B) an alternative method submitted to, and approved
by, the executive director that provides protection of human health and
safety and the environment that is equivalent to or greater than the pro-
tection provided by direct-coupled delivery systems.
(2) Non-chlorinated dry cleaning solvents, except for car-
bon dioxide solvents. All non-chlorinated dry cleaning solvents, except
for carbon dioxide, must be delivered to dry cleaning units and solvent
storage containers in a manner that will minimize releases to the envi-
ronment.
337.22. Variances and Alternative Procedures.
(a) Prior to proceeding in any manner that differs from the re-
quirements of this subchapter, a person [the owner of a dry cleaning
facility] shall secure written approval from the executive director in the
form of a variance in accordance with this section.
(b) The executive director may review and approve requests
for variances that meet the requirements in this section. The executivePROPOSED RULES October 14, 2005 30 TexReg 6579
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Texas. Secretary of State. Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005, periodical, October 14, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97314/m1/78/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.