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HomeMy WebLinkAboutMINUTES - 05311994 - 1.37 1.33 through 1 .37 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 31,1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: CORRESPONDENCE Item No. 1.33 LETTER dated May 16, 1994,from S.Ruby,Union Representative,Hotel Employees,Restaurant Employees and Bartenders Union,Local 28,AFL-CIO,548 20th Street,Oakland 94612,transmitting a fact sheet entitled"The Great Tax Break-How Hotel Owners are Adding to the Revenue Crisis in Contra Costa County." ***REFERRED TO ASSESSOR 1.34 LETTER dated May 16, 1994, from J.Lazarus,Director, Special Projects,City and County of San Francisco,200 City Hall, San Francisco 94102, advising of the establishment of a task force to conduct a study of the feasibility of San Francisco hosting an International Exposition-Expo'99-at Treasure Island and soliciting the Chair's input on the project. ***DESIGNATED CHAIRMAN POWERS TO PARTICIPATE 1.35 LETTER dated May 17, 1994, from C.Burkhart, West Contra Costa Unified School District,P.O. Box 4014,Richmond 94802,advising that on June 1, 1994,7:30 p.m.,at 2625 Barnard Road,Richmond,a public hearing will be held on a fee increase for residential and commercial/industrial construction,which will be effective on June 2, 1994. ***REFERRED TO BUILDING INSPECTOR AND COMMUNITY DEVELOPMENT DEPARTMENT 1.36 LETTER dated May 12, 1994, from A.Grodin,Mayor,City of Lafayette,P.O.Box 1968,Lafayette 94549, commenting on the concerns of consolidating the fire districts. ***REFERRED TO COUNTY ADMINISTRATOR 1.37 LETTER dated May 19, 1994, from N.A. Orsi,P.O.Box 427,Brentwood 94513,recommending the placement of dry cleaning plants only in industrial zoned areas. ***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND HEALTH SERVICES DIRECTOR FOR RESPONSE cc: Correspondents Assessor Building Inspector Community Development Director 1 hereby certify that this is a true and correct copy of County Administrator an action taken and entered on the minutes of the Health Services Director Board of Supervisors on the date shown. .�, i R4+4 ATTESTED:HATCHE R Clerk of the Board offSupervisors and County Administrator ay *uwsAA.— .owutr l �.. �r7 a •'� 1 CONTRA COSTA BOARD OF SUPERVISORS RECEIVI 5/19/94 651 PINE ST. MARTINEZ,CA. 94553 MAY 2 0 04 CLERK nNATR OST DEAR SUPERVISORS: Because of the environmental issues associated with Dry Cleaning Plants nationwide, the City of Danville adopted zoning ordinances that prohibit Dry Cleaning Plants unless they are situated in Certain Districts. The environmental concerns are the toxic emissions and hazardous waste generated by the Dry Cleaning Plants which may be carcinogenetic and the accidental leakage or spillage of chemicals. Enclosed is a copy of an excerpt of a artical pertain*ng,; to iDfyf:Cieaning,,..Rlants.<Lwhich sheds some light on the subject. Based on the above, Dry Cleaning Plants should be situated only in industrial zoned areas and not within 1000 feet of schools, residential areas or food establishments. Therefore, it seems in order then that all Cities and Counties should adopt ordinances that are at least equal to Danville's if they are concerned about their environment and the health and safety of their Citizens. I am looking forward to your written reply on this matter as soon as possible. Thank you in advance for giving this matter the courtesy of your time and fine attention. Sincerely, Neal A. Orsi POB 427 BRENTWOOD,CA. 94513 2 I. Environmental Issues run, even the exempt small generator will be better off because he will avoid becoming a potential superfund can- Government regulations and the various environmental didate. issues of today,whether they be federal,state,city or county B Phasingout of"Transfer" have created a combination of fear and frustration in the industry,especially to the"oldtimers."There have been an Machines and Retrofitting outpouring of more regulations in the last ten years than in 'Dry-to-Dry Vented" D cleaniII the entire past history of the Industry. But of even more 1'Y' � Drycleaning importance is the fact that there are more regulations Machines planned in the next year or two than anything we have seen before. The question we must all ask are whether these Yes,transfer units are productive but they are potentially regulations are fair and reasonable.In many cases the regu- dangerous,especially where a plant is located in an apart- lations are fair and to try to stop or prevent them will be ment house, office building or next to other businesses, counterproductive to our survival.On the other hand,when especially restaurants and food stores.The average transfer they are unfair and scientifically unfounded,we must try to unit uses about 50 gallons of perc for 4,000 to 6,000 lbs of find ways to combat.them. The industry must develop a clothes cleaned.Dry-to-Dry vented machines get about 6,000 philosophy and program of being pro-active and show by our to 8,000 lbs from a 50 gallon drum.With a control device e.g., action that we care and are responsive to the needs of society. carbon adsorber(sniffer),refrigeration eondensor or azeot- We cannot continue to allow operators to contaminate the ropic system (Solvation,)add two to four thousand pounds air or water and expect government to allow it. It will not when properly operated Compare this with third and happen.Unfortunately,there are still too many drycleaners fourth generation dry-to-dry non-venting refrigeration units. discarding hazardous waste illegally. There are still too On average with decent operations and maintenance,35,000 many drycleaners who have antiquated or poorly maintained to 40,000 lbs.from a drum of pert is reasonably achievable equipment that is spewing out pert in the air,in the water and you get more if you are more careful. or on garments going back to customer's homes that have As a result of these statistics,we have seen the pendulum excessive amounts of perc in them. Yes, these drycleaners swing from 70%transfer units operating in 1980 to less than represent.a small percent of the total industry but their 30%in 1993 and the number is improving daily.The reasons actions create the motivation for government regulations. for the change is largely due to environmental regulations The poor or bad operators make the regulations more but don't discount(a) the cost savings of solvents (5 to 10 severe for the majority of drycleaners who are trying to times less solvent) used plus more efficiency and cleaner comply. In addition,these bad operators have an economic operations. Perc consumption in the drycleaning industry advantage over those that are trying because they don't pay has declined 40%in the last five years because of the change for hazardous waste removal,proper maintenance or proper in equipment, more attention to maintenance and proper equipment.We must find a way to bring them into compli- operation of the unit,especially in drying or reclamation. ante or weed them out.I believe the wheels are in motion for In New York State, as a result of the recently concluded this to happen. Negotiated Rule Making Committee that NCA was a major participant in,it is likely that transfer units will be phased out in plants in mixed use buildings e.g. apartment houses, 1. Regulations office buildings and adjoining stores(especially restaurants and food stores) by 1996. In free standing buildings, the Let us look at a progress report of what the industry has phase out will be later providing the equipment is retrofitted done. Then let us look at the regulations that exist or will with an acceptable control device. come into being in the industry in the near future and Note:Ifyou are contemplating purchasing a new dryclean- determine the fairness or necessity for the regulations or ing machine,make sure you know the difference between a their severity. 3rd generation and 4th generation unit. 4th Generation units have an integral secondary carbon A. Hazardous Waste Removal control that reduces perc in the basket to be less than 300 ppm when the load is finished. This is very important if you are located in an apartment Over 75%of the industry is disposing of their hazardous house,office buildings or next to other businesses especially waste legally. The other twenty five percent are illegally restaurants or food stores.Many states(New York by 1996) disposing of waste even if they are "conditionally exempt will require 4th generation or require you to retrofit($7,000 small generators"because most,if not all landfills would not to$9,000)if the machine is adaptable. accept the hazardous waste if they were aware that it was present in the normal garbage or refuse collection.I believe C.Disposing of Contact Water that no one should be exempt from disposing of hazardous waste other than through legal means.The cost of disposing (Separator Water)Legally of hazardous waste is not excessive or unreasonable.When hazardous waste removal was first contemplated over 10 You are not permitted under the Clean Water Act and by years ago,the projected costs were more than twice as high Resource Conservation and Recovery Act(RCRA)to dispose as the present rates.Other industries pay a much higher rate of contact water separator water from your reclaimer,still, than we do.Everyone should be required to play on the same solvent adsorber (sniffer) or refrigeration unit into the level field with the same restrictions and costs.In the long ground water.NCA was in the forefront of developing tech- 31 nology to deal with this problem over 10 years ago when the decline to pay for the cleanup,based on the language of the problem arose in Nassau and Suffolk Counties in New York. liability policy. NCA's"Enviropure"has been upgraded and improved.There Superfund is the most dangerous and pervasive federal are now at least 3 or 4 other units being sold.The only place law the industry is faced with. IFI's "Face to Face" with we know of that does not recognize EPA's acceptance is Dade Congress was just the opening gun in attempting to reform County,Florida which requires disposing of it as hazardous "Superfund." Other programs are being planned to revise waste or returning the condensed vapor to the return tank this unfair and erroneous law.When the industry calls for of your boiler which we do not recommend. assistance,make sure you participate.It's your business we are trying to save. D. The Revised "Clean Air Act" National Emission Standards for 2. Legislation Hazardous Air Pollutants (NESHAP) A. Industry Self Funding Program After over 2 years of review,EPA's Air Management Divi- for Ground Water and Soil Cleanup sion came out with new regulations.When we reviewed the original draft of the proposed.reo lation,we felt that the new An alternative to a Superfund reform in Congress.is the regulations would be tough but fair. Except for the record- possibility of an industry self-funded cleanup program at a state level.Using the petroleum industry's program for leak- keeping provision which requires time that small business ing underground storage tanks in gasoline stations as a owners have little of and the phasing out of solvent adsorbers which we find effective(when properly used),the NESHAP model,several states have started legislative action to create. should not present any serious problem to the conscientious a state cleanup program that deals with retroactive liability operator. and third party law suits. NCA is working with the Florida Drycleaners Coalition(FDC)and other state associations to raise$150,000 to$200,000 for legal and lobbying fees.It is E. Superfund (Federal Hazardous very possible by the time you read this article that Florida Waste Clean-Up Law) Retroactive will be the first state to have such a program for drycleaners. lP Connecticut drycleaners are in the process of raising$75,000 Liability and Third Party Liability . for a similar program. As a result of the efforts of Tim McCann of Best Cleaners in Middletown, Connecticut and Contamination in most cases is the result of legal disposal the cooperation of NCA and NEFA, legislation is in the methods.Under Superfund,anyone remotely connected with process of being introduced. The state of Georgia has also a contaminated site in anyway or at anytime can be made to followed the Florida lead and is working on a similar pro- pay for the entire cost of cleanup because liability is strict, gram,,,. retroactive,joint and several. Companies can be sued for I believe if we can get enough states to pass similar cleanup by the U.S. Environmental Protection Agency legislation, the pressures on Congress will be that much (EPA), a state environmental agency, or another involved more overwhelming for Superfund Reform for our indust* party, such as municipal government or a shopping center owner. B. Carcinogenicity - EPA's Attempt Liability can apply to any pastor current owner regardless to Change Perehloroethylene of when the contamination took place; product suppliers; property owners and developers;adjoining property owners Classification feom C-2 to a B-2 and/or tenants if t.le contamination, has spread; waste haulers;and local governments if public property is involved. This battle between EPA and the drycleaning industry hmo,. In some other countries such as Japan,the issue of existing been going on for almost 10 years.Despite the fact that the pollution was considered and business was given reasonable Science Advisory Board(SAB)which is chosen by EPA(peer solutions.In this country,acceptable practices became ille- review) to study their technical and scientific results has gal overnight and virtually all drycleaning businesses in rejected EPA's attempt two times to change the classification existence prior to CERCLA could likely have contaminated from a C-2,a possible carcinogen based on animal tests to a sites. Businesses that were carefully built with an eye to- B-2(probable carcinogen),`EPA persists in this action.It is ward providing a secure future,including retirement for old obvious that this is not a scientific analysis but a political age, have become worthless at best and more than likely a move on the part of EPA's Cancer Assessment Group(CAG) liability, with the potential of bankrupting owners and/or to prove what has been'unprovable.There are many inde- their heirs. pendent scientists who reject tests made on ant als as being Small drycleaning businesses change hands frequently, related to human results. Under present regulations, a new owner inherits any envi- The industry must continue to fight this unreasonable and ronmental problem that exists, no matter how long ago it dangerous reclassification. There are thousands of chemi- occurred.Ifprevious owners inadvertently but legally caused cals, many more dangerous than perc in the C-2 classifica- contamination,the present owner now may have the respon- tion of"Possible Carcinogen"A B-2 classification(probable sibility of paying for the cleanup,even if the contamination.. carcinogen) would immediately send a signal to the states happened twenty years ago.Insurance companies routinely and cities for more severe and stringent regulations. C. Perchloroethylene Is Toxic —But responsibility to be super sensitive to how we operate be- cause of the circumstances and exposure to innocent people. There has never been any question or doubt about it. I have stated in the past on many occasions and I repeat it. Perc is toxic. From the first drum sold approximately 60 I represent drycleaners and I will fight to the death to protect years ago to the present,there has always been a warning them against unreasonable regulations. But I am first a label on the drum and on the drycleaning machine stating human being who has children and grandchildren. I don't that it is toxic and requires"careful"handling.It can make want them drinking contaminated water or breathing con- you dizzy,drowsy,nauseous,give you teary eyes and effect taminated air. Is there anybody out there that feels differ- your equilibrium. If you breath enough of it in a room ently9 without ventilation it could kill you by asphyxiation.But it has a relative low level of-toxicity compared with other D. Risk Assessment solvents. Some agencies e.g., New York State Health Department Risk assessment is a relatively new term in the environ- for one says that pert will also affect and damage your liver, mental regulatory arena to set standards for the potential kidneys and heart with prolonged inhalation.The dryclean- danger of a chemical.What I state is probably an oversim- ing industry doesn't agree based on the lack of scientific plification of the process but basically it is a process used by evidence and the experience of over 50 years of use by technicians, toxicologists, industrial hygienists and others thousands of people who worked and still_work with pert that deal with chemicals and their dangers to people.Based every day.When we made that statement the agency said on tests that they may have been involved with or through that the information was anecdotal. studies of research and reports by similar technicians The major issue of the toxicity of perc is not in the plant, throughout the world,this group will determine the danger that is enforced by the Occupational Safety and Health or risk. In reviewing these results and using their best Administration (OSHA). What the Health Department is assessment, they determine a level of safety (risk assess- concerned with is the "fugitive emission" of perc and its ment.) buildup in apartments,offices and/or adjoining stores espe- Unfortunately,risk assessment is not a science in itselfbut cially restaurants and food stores.The concern of the Health rather an interpretation of scientific data. It is reasonably Department is a legitimate one.There is absolutely no rea- subjective and tends to build in factors of maximum safety son for excessive amounts of perc to build up in apartments which makes the possibility of operating within these stand- or offices or contaminate foods, especially fatty foods like ards extremely difficult if not impossible. butter,cheese,oils,fat or greasy foods like potato chips,fried One example of risk assessment was the EPA's contin- foods,etc.The Health Department states and correctly so, ued attempt to change the classification of pert from a C-2 that unlike the drycleaner who knows the risks and can (Possible Carcinogen)to a B-2(Probable Carcinogen)and protect themselves against it,the unknowing occupant of an the Scientific Advisory Board (SAB) who continued to apartment may be subjected to the buildup for 24 hours a reject the results.A more recent example is the New York day-seven days a week.There may be children,elderly and State Department of Health (DOH) who based on their sick people living there who have a lower tolerance for perc's `Risk`Assessment", arrived at a number for indoor air toxicity. (apartment,etc.)of 15 parts per billion(ppb). NCA hired . There is no justification or plausible argument to con- a renowned toxicologist who has had a great deal of expe- .tradict these facts. I will argue about the level at which rience with perc. He is an independent toxicologist that the perc vapor becomes a danger (see Risk Assessment does not work for or is associated with any chemical further in this article),but I cannot and you cannot justify company.He reviewed the New York State Health Depart- excessive levels due to malfunctioning equipment, poor ment findings,studied the information that they used and maintenance,sloppy operations or production needs that determined that their standard was flawed.When asked take garments out of the drycleaning machine before they to give his assessment of the data and to give his most are thoroughly dry. Yes, I am only talking about a small conservative and safe number,he or'Tered from 1 to 2 parts percentage of drycleaners who don't know or don't care.It per million (ppm). His number is no easy number to only took two drycleaners,one in Mahopac,N.Y.,the other achieve but is possible with good equipment,good mainte- in Manhattan who were operating a drycleaning machine nance and operation.The New York State Health Depart- in an apartment house. When the New York City Health ment number is almost impossible to achieve and very Department responded, they tested an apartment on the costly as well. 14th floor and got a reading of over 300 parts per million More recently, NCA was able to get the Halogenated (ppm).These two incidents created so much concern on the Solvent Industry Alliance (HSIA) to review the New York part of the New York State Health Department that new State Department of Health findings and they too question regulations will be more severe than any place in the the accuracy of the DOH's findings. country. Who do you want to blame?I want to blame the I recognize that the Health Department objective like cleaner. These cleaners, because of ignorance or lack of other environmental agencies is safety to the public as the concern screwed it up for every drycleaner in New York Occupational Safety and Health Administration (OSHA) City.I say,"sometimes the drycleaner's worst enemy is the objective is to safety for employees. I believe that there drycleaner." should be standards and regulations for safety but I also Yes,there are other industries that use pert but there is insist they must be fair and reasonable.NCA has suggested no industry that uses as much as we do or that impacts on and if not forthcoming will be demanding a more objective the amount of people who are affected by the results in standard.There is a mechanism called"Peer Review" that apartments,offices,etc.We have a legal but equally a moral consists of an independent group of experts similar to the <. 5 Science Advisory Board and EPA to study all of the data and B. New York State Department of ask questions of the Health Department as to their method- ology in determining the conclusion they reached.The peer Environmental Conservation (DEC) group may accept these results,may quantify the results or and the Negotiated Rulemaking may reject the results. I strongly believe the drycleaning Committee is entitled to such a review. In the legislative session of 1992, Governor Cuomo man- 3. Workin With Government dated that any state agency that would be promulgating new g regulations must first meet with industry representatives and other interested groups.The drycleaning industry was one of the.first industries to go through the process and it As I indicated earlier,it is essential that we work within was quite an experience.There were 21 committee members the framework of government at all levels whether they be representing a broad spectrum of interest of the group,7 to national,state,city or county.But work means performance 9 from the drycleaning industry. They were from associa- and results. We have to show by our actions that we are tions, machinery manufacturers and distributors. There serious and committed to a clean and safe environment for were almost an equal number of environmental agencies, the public,our employees,our families and ourselves.We will unions and similar groups plus people from engineering have nobody to blame but ourselves if we operate or permit firms and the like.The objective was to create a new regula- any in our employ or within the industry to create a lack of tion by consensus which meant all parties would have to confidence or question our credibility. agree the regulations would be accepted.The programlasted Yes, there are hardliners in government agencies and 9 months and consisted of 25 days of meetings held in the environmental organizations but there are some hardliners Albany area and New York City.The caveatwas for the group and malcontests in our industry as well. I have seen both to reach consensus or the"rulemaking'would go back to DEC groups and I have met many reasonable government agency for their own action. people and I know of thousands of reasonable and committed When we first started,the likelihood of reaching consensus drycleaners. We have shown by our previous actions of our was at best slim in most of the committee member's opinions willingness to cooperate.We must continue to build on our but an amazing thing happened.We reached consensus on record of cooperation and we will. most of the issues even though two participants had to resign 15 minutes before the final vote in order for them not to block the consensus.It is important for you to know that one of,if A. EPA-NCA Study of Ecoclean not the hardest working person was the spokesperson for (Wetcleaning) DEC. He met with the various groups in caucus and had individual meetings and individual conference call§to work for consensus. Yes,there were concerns and reservations about doing this Sometime in late 1994 or early 1995 New York State will study,but I had more concerns as to what could happen if we have new regulations.They will be the most stringent regu- didn't. The results of this program were not as clear or as lations in the country,primarily because of the unique char- scientifically objective as we liked but it proved (a) water acteristics of the drycleaning industry in New York City(5 .could not be used on everything but it also showed that boroughs)where over 75%of drycleaners in the city are in properly handled, water could be used in a lot more cases apartment houses,offices or next to other stores(especially than the industry was doing (I will talk to you about wet- restaurants or food stores.) The important result was the cleaning later.)The important by-product of the study was defeat of some of the committee people who wanted to ban that it opened up communications.It gave the industry and any new plants from going into the city and the phase out of EPA's Pollution Prevention Department an opportunity to existing plants.Yes,these regulations will be tough but they have dialogue.They exhibited at the Clean'93 and at NCA will be doable for those people who want to. HELP'93 exhibits and talked to drycleaners.They looked at The industry will have similar opportunities to interact state of the art equipment and were impressed. They at- with government. California is in the process of doing that tended educational sessions that the industry was present- now with a tough agenda before them.But they are talking ing that talked about government compliance and they were and making progress, when two or three months ago they impressed.The result of this activity is the creation on the were up to their eyeballs in trouble. part of EPA of the ".Design for the Environment Project' WE). What DFE has developed is a broad based group of- drycleaning industry fdrycleaningindustry leaders from all phases of the industry, 4. Working Within The Industry environmental organizations as well as government agen- cies. There have been regular meetings, group conference calls and a new program being developed that deals with the The problems we have to resolve and future problems to future.It is a positive program that is far from perfect but it come are not just the drycleaners problems - they are the continues to grow and improve.The industry can be proud of industry's problem.Drycleaners,trade associations,machin- its participation and input. By the same token, we must ery manufacturers and distributors,solvent manufacturers applaud EPA for its creation of"Design for the Environment' and distributors;all must support financially the programs project and the continued support it gives the various groups' that are necessary for the industries survival.We ail work in attendance. and receive our incomes from this incredible and wgnderfui industry.When a drycleaner loses,we lose, so we must all �. Certification Of Anyone Who Operates accept our responsibilities to work towards a betterindustry. y p A. FLARE ' Drycleaning Equipment The Fabricare Legislative And Some of the worst spills and machinery malfunctions occur Regulatory Education Association from inexperienced or untrained people. It is important to remember(1.)that 5 parts per billion(ppb)of perc in ground (FLARE) water(3 ppb in Florida)is the federal regulation for maxi- FLARE is an organization that couldn't have Dome at mum ground water contamination.An example of how little g perc spillage is needed to reach that level is that 1 oz.of pert better time.FLARE is an all encompassing industry group in an olympic size swimming pool is the equivalent of 5 ppb. that has as its objective the creation of a grass roots organi- A couple"of minor spills like that could cost you$50,000 to zation that can respond to the problems the industry may $100,000 for cleanup if you were tested and exceeded the 5 face on any level whether it be federal,state,city or county. ppb or(2)Pulling a load out before it is properly dried could It is a non-dues paying organization that gets direction from cause levels to exceed outdoor venting limits(50 ppm in New a National Strategy Group(IFI,Bill Fisher,NCA,Bill Seitz York)or apartment limits(15 ppb.)That will bring down the and TCATA,Manfred Wentz.It also has an advisory board Health Department and put a red tag on your drycleaning made up of key drycleaners from throughout the country. machine.That could cost you a ton of money in having your It does not compete with any of the existing associations; drycleaning done elsewhere,poor quality,disappointed cus- in fact it should complement them by developing new blood tomers and ultimately lost customers. and hopefully new members for everyone. There are many good things happening with FLARE that you will be hearing aboutshortly.Forexample,a majormeetingis beingplanned 2. Certification Of The Plant now to take place in Chicago in July that will give the industry an opportunity to interact with government agen- A well trained (certified) drycleaner doesn't necessarily cies, scientists and technical experts on the issues that mean that the equipment is operating properly. A plant confront the industry and you.When you get the notice,you inspection or vapor test of the drycleaning machinery will be should make every effort to attend. a requirement in New York State.I am sure other states will follow. II. Certification Most people in the industries first reaction or response to 3.Certification Of Drycleaning Machines certification is a combination of rejection and fear.An obvi- ous reaction to an unknown program that requires a test of NCA has tried for three years to develop a certification for competence. Fear not. Not only will certification not hurt drycleaning machinery.It will require the manufacturer to you,it will help you survive.Let me be even more emphatic. test his equipment(all models and sizes)and prove it meets I believe that unless the industry endorses and subscribes to standards. a mandatory certification program,the industry may be well If you buy a machine and if properly operated doesn't meet on the way to oblivion.. the specification,the manufacturer could be fined,and you Most of what I have said so far deals with the need for could get your money back or another machine if they technical skills and controls. I further state that unfortu- couldn't retrofit the machine to meet the standards. Every nately, there is a small percentage, (10% to 15% of the machinery company that wants to sell in New York State industry)that are creating the problems for the people who must have an approved machine. Once again, this is likely are trying to do the right thing.If we permit these people to-- to happen in many other states. continue to operate the way they want to, they can only The changes(upgrading)in drycleaning machinery is tak- continue to damage the industry and you.There is no short ing place rapidly. Copied from German regulations already age of books,pamphlets and other literature that is easily in place,all new drycleaning equipment must meet all of the available and could improve his operation.He doesn't read proposed New York State DEP regulations and then some. them because he doesn't want to.A mandatory certification Obviously, some manufacturers are selling a less environ- program would require him to respond,otherwise he couldn't mentally complete machinery because of price competition.. operate. IFI is testing a voluntary certification program. I Yes,you may pay more for a new machine but you will get a am sure the content is good but I don't feel"voluntary"is the better machine•,at least environmpntall.v_ answer.The people who will avail themselves are certain to benefit but its that 10%to 15%we have to get to. One of the programs discussed at the New York State DEC's Negotiated Rulemaking Committee is a mandatory certification program and is likely to include three parts. `!