Requiring Posting of Notices at Dry Cleaning Facilities

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Tuesday, February 11, 2014
Download Copy of Adopted Rule (.pdf): 

 

Statement of Basis and Purpose of Rule

 

Section 1403(c) of the New York City Charter and Section 24-105 of the Administrative Code authorize the Commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Dry cleaners use chemicals, including those that may be hazardous. Existing Department of Environmental Protection (DEP) rules set forth the primary permits and other compliance requirements for existing and new dry cleaners. DEP currently requires dry cleaners to post a notice that informs the public of the use of the chemical perchloroethylene (perc) in the dry cleaning process.

 

The rule requires an additional notice for perc that would inform the public how to access

 

Material Safety Data Sheets from DEP’s website. These Material Safety Data Sheets provide more detailed information about the chemicals used in dry cleaning. In addition, the rule requires that the notice include the dry cleaner’s DEP permit number.

 

The rule also requires dry cleaners that use chemicals other than perc to post a notice that would identify the primary non-perc chemical used. Recently, dry cleaners have been promoting the use of non-perc solvents as environmentally green solvents, but customers typically are not informed about what chemical the dry cleaner uses. The notice must also contain the information about the Material Safety Data Sheets and the dry cleaner’s DEP permit number.

 

After receiving public comments, the requirement to post that the public can call 311 to report chemical odors or leaks was removed. A Department of Consumer Affairs Posting Notice at dry cleaners provides the 311 number, as well as a State Department of Environmental Conservation odor complaint phone number.

 

The new notices, which must be posted where they can be easily seen, will keep the public informed of perc and the primary non-perc chemical used in the dry cleaning process. A dry cleaner that uses both perc and non-perc chemicals would have to post separate notices informing the public about the use of perc and the primary non-perc chemical.