Cal. Code Regs. Tit. 17, § 93110 - Environmental Training Program for Perchloroethylene Dry Cleaning Operations
(a) Definitions.
For the purposes of this section, the definitions in 17 CCR, Section
17 CCR,
Section 93109 and the following definitions
shall apply:
(1) "Course authorization
request" means a written request to present the initial course or refresher
course which includes the items specified in subsection (c)(1).
(2) "Identification" means a document that
includes a picture and a signature, such as a driver's license, State
identification card, or passport.
(3) "Initial course" means training presented
in accordance with the requirements of this section for the purpose of
achieving the training objectives in subsection (g).
(4) "Instructor" means a person responsible
for presenting the curriculum and verifying the identification of
trainees.
(5) "Record of
completion" means a certificate issued to a trainee who completes the initial
course.
(6) "Refresher course"
means training presented in accordance with the requirements of this section
for the purpose of achieving the training objectives in subsection
(h).
(7) "Trainee" means an
individual who is taking the initial course or the refresher
course.
(b) General
Provisions.
(1) The Executive Officer of the
ARB may authorize persons or organizations to present courses for individuals
seeking to qualify, or maintain their qualification, as trained operators as
required in 17 CCR, Section
17 CCR,
Section
93109(f)(3).
(2) Persons or organizations shall apply to
ARB for authorization to present the initial course, the refresher course, or
both courses. Applicants for authorization to present both courses shall file
separate course authorization requests for each course.
(3) Authorization to present the course is
granted to the person or organization that completes the authorization process
and shall not be sold, traded, or transferred to any other person or
organization.
(4) Persons or
organizations authorized to offer these courses shall not require membership in
an association or purchase of a product as a prerequisite to enrollment or
successful completion of the course.
(5) Persons or organizations shall not
represent any course as an authorized course unless the course is presented in
accordance with the provisions of subsection (d) and the person or organization
has been authorized by ARB to present the course.
(6) Failure to comply with the requirements
of this section shall be cause for ARB to cancel authorization to present the
course. Cancellation shall be effective 10 days following notice of
cancellation. Such notice shall state the reasons for cancellation.
(7) Each authorization shall be effective for
three years unless cancelled in accordance with the provisions of subsection
(b)(6).
(c) Requirements
for Authorization to Present Course(s).
(1)
All of the following information and related materials shall be included in the
course authorization request to be prepared and submitted to the ARB by any
person or organization desiring to present an initial or refresher course:
(A) The minimum and maximum number of courses
and locations of courses, by city or county, that the applicant will present,
and the language in which they will be presented.
(B) A description of the instructional
equipment and visual aids to be used.
(C) A statement of each instructor's
qualifications. Instructors shall have demonstrated background in, and
knowledge of, the following: operation and maintenance of dry cleaning systems,
pollution prevention procedures, and environmental regulations pertaining to
dry cleaning operations in California.
(D) A summary of topics to be presented, an
hourly schedule indicating time to be spent on each topic, and the proposed
instructor for each topic (including any special qualifications for that topic,
if applicable).
(E) A copy of the
proposed curriculum to be used if not using an ARB-developed
curriculum.
(F) A written policy
regarding refunds of prepaid fees, in the event the course is cancelled,
rescheduled, or relocated.
(G) The
method to be used to determine the identity of the trainee.
(H) Projected class size and a plan for
achieving the trainee/instructor ratio specified in (d)(1)(C). If a greater
ratio is proposed, a demonstration that the course objectives can be satisfied
with the ratio.
(2)
Review of course authorization requests.
(A)
Within 30 calendar days of receipt of a course authorization request or receipt
of additional information requested by the ARB in accordance with subsection
(c)(2)(B), the ARB shall review the course authorization request and shall
notify the applicant, in writing, that the request is either complete or
incomplete.
(B) If incomplete, the
ARB shall inform the applicant of the information which must be submitted to
complete the request. If the applicant does not provide the information
necessary to complete the request within 90 days of the date of notification,
the application shall be automatically denied.
(C) The ARB shall evaluate each complete
course authorization request in accordance with the requirements of subsection
(c)(2)(D). Within 60 days of notification that the request is complete, the ARB
shall notify the applicant in writing that the course is approved or
disapproved. Notice of disapproval shall state the reasons for
disapproval.
(D) The ARB shall
evaluate each request for authorization to present a course in accordance with
all of the following factors:
1. Adequacy of
the information submitted pursuant to subsection (c)(1). The ARB shall be
permitted to conduct an individual interview to verify instructor
qualifications.
2. Conformity of
course content with the training objectives in subsection (g) for the initial
course and in subsection (h) for the refresher course.
3. Incorporation of trainee participation and
hands-on training with halogenated-hydrocarbon
detectors.
(d) Requirements for Presenting the Course.
(1) The authorized person or organization
shall do all of the following:
(A) Ensure
that the course incorporates all of the training objectives, specified in
subsection (g) for an initial course and in subsection (h) for a refresher
course.
(B) Ensure that the course
is taught by an instructor whose qualifications have been approved by the
ARB.
(C) Ensure that class size
does not exceed 30 trainees per instructor or an alternative ratio approved by
the ARB.
(D) Provide a copy of the
fee refund policy to each trainee prior to registration.
(E) Verify the identify of the
trainee.
(F) Provide a copy of the
course manual to each trainee to keep.
(G) Distribute records of completion within
10 working days to persons who have completed the course. The records shall
bear all the following:
1. The name of the
person who completed the course.
2.
The identification number and type of document presented to verify
identity.
3. The date the initial
course was completed.
4. The
signature of the instructor who verified the trainee's identity and attendance
for the initial course.
5. The date
each refresher course was completed and the signature of the instructor for the
refresher course.
(2) Within 10 working days after each course
presentation, the authorized person or organization shall submit to ARB the
information specified in subsection (e)(2) and a certification that the
instructor verified the identify and attendance of each
trainee.
(e) Records of
Completion.
(1) ARB shall provide validated
record blanks to the person or organization authorized to present training.
Validated record blanks shall bear the seal of the State of California and a
unique number. All damaged or unused records shall be returned to the
ARB.
(2) ARB shall maintain all of
the following information on each trained operator:
(A) The trained operator's full
name.
(B) The type and document
number of identification provided by the trainee and noted on the record of
completion.
(C) The number of the
record issued to the trained operator.
(D) The date the initial course was completed
and the course instructor.
(E) The
date each refresher course was completed and the course
instructor.
(3)
Replacement of lost records:
(A) A trained
operator may request a replacement record from the ARB. The request shall be in
writing and shall include all of the following information:
1. The full name and current mailing address
of the trained operator.
2. The
type and document number of the identification provided at the initial
course.
3. The number of the
original record issued to the trained operator.
4. The date and instructor of the most recent
refresher course.
(B)
Within 30 working days after receiving a complete request for a replacement
record, ARB shall issue a replacement record or notify the applicant of reasons
for not issuing a record.
(f) Appeals Process.
(1) A decision regarding denial of
authorization may be appealed to the Executive Officer of the ARB. The appeal
and all supporting documentation shall be submitted in writing to the Executive
Officer within 30 days of the date of the notice of denial.
(2) Within 30 calendar days of receipt of the
appeal, the Executive Officer shall respond to the appellant in writing with a
decision and associated reasons upon which the decision is
based.
(g) Training
Objectives for the Initial Course. The primary objectives of the training
course shall be to promote understanding of the airborne toxic control measure
for emissions of perchloroethylene from dry cleaning operations (17 CCR,
Section 17 CCR, Section 93109), how to
comply with that control measure, and the advantages of minimizing releases of
perchloroethylene to the environment. The training shall include all of the
following topics and shall be designed to help trainees develop the knowledge
and ability to do all of the following:
(1)
Determine and keep records, according to the requirements of 17 CCR, Section
17 CCR,
Section 93109, of:
(A) The pounds of materials cleaned per
load,
(B) The gallons of
perchloroethylene used,
(C) The
facility mileage achieved, and
(D)
Repairs made to leaking components of the dry cleaning
system.
(2) Check for and
recognize liquid leaks and vapor leaks, according to the requirements of 17
CCR, Section
17 CCR,
Section 93109.
(3) Complete a leak inspection
checklist.
(4) Inspect the
components of the dry cleaning system and identify maintenance needs.
(5) Operate and maintain the dry cleaning
system, according to the requirements of 17 CCR, Section
17 CCR,
Section 93109.
(6) Properly operate waste water evaporators,
according to the requirements of 17 CCR, Section
17 CCR,
Section 93109.
(7) Complete an operation and maintenance
checklist.
(8) Prevent, contain,
and properly clean up perchloroethylene spills.
(9) Identify and utilize waste disposal
practices that minimize perchloroethylene loss to the environment.
(10) Understand how to achieve and maintain
good perchloroethylene mileage.
(11) Distinguish between a transfer machine,
a vented machine, a converted machine, and a closed-loop machine.
(12) Identify perchloroethylene health
effects, recognize signs of excessive exposure, and know when personal
protective equipment may be necessary to meet workers safety
regulations.
(13) Use the course
manual as a reference tool to determine applicable environmental regulations
established by:
(A) ARB,
(B) Districts,
(C) Department of Toxic Substances
Control,
(D) Water Resources
Control Board and Regional Water Quality Control Boards.
(E) Local sanitation districts, and
(F) Department of Industrial Relations,
Division of Occupational Safety and Health (Cal/OSHA regulations in Title 8
CCR).
(14) Recognize the
purpose and types of the following:
(A)
Refrigerated condensers,
(B) Vapor
adsorbers,
(C) Secondary control
systems,
(D) Fugitive control
systems,
(E) Spill containment
systems,
(F) Filtration systems,
and
(G)
Stills.
(h)
Training Objectives for the Refresher Course. The refresher course shall
include all of the following topics and activities:
(1) Improvements in dry cleaning
equipment.
(2) Improvements in
waste handling techniques and equipment.
(3) Improvements in perchloroethylene
reclamation processes and equipment.
(4) Improvements in leak detectors.
(5) Updated environmental
regulations.
(6) Other topics of
interest to dry cleaners.
(7)
Updates to the course manual.
Notes
Note: Authority cited: Sections 39600, 39601, 39650, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code; and Sections 7412 and 7416, Title 42, United States Code. Reference: Sections 39650, 39655, 39656, 39658, 39659 and 39666, Health and Safety Code.
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