NCALC Archives - Links to Stories

You are supposed to either:
A) Obtain a Certificate of Workers Compensation Insurance from every company or individual you hire (as opposed to employ - i.e. carry on your payroll) to do any work on your premises, or
B) List them on your workers comp payroll audit and pay a premium for the labor portion of their services.

This is especially important if you have annual contracts for things like equipment maintenance, pest control, building and/or lawn maintenance, etc.

If you carry workers compensation insurance and someone not listed on your estimated payroll (i.e. no estimated payroll in their category) and for whom you do not have a Certificate of Workers Compensation Coverage is injured on your premises, your insurance carrier can deny coverage (leaving you holding the claim) or they will pay the claim and bill you for the additional premium you would have paid. However, the claim will be charged to your "experience modification" which is applied to your total workers comp premium and will affect future premiums as well.

This information is provided to alert you to a potential problem. It is not intended as legal or business advice. Business owners should contact their insurance agent, carrier, and/or competent legal counsel for authoritative information or advice on this matter.

Since the Perc NESHAP (40 CFR Part 63 Subpart M) was promulgated, states have had the option of requiring drycleaners to get Title V air permits. Currently in North Carolina, the Title V permit application fee in North Carolina is in excess of $8,500 with an annual fee of more than $6,000.

Recognizing that fees as high as these could pose a severe financial burden on drycleaners, NCALC, the Division of Pollution Prevention and Environmental Assistance (www.p2pays.org), the Small Business Assistance Program (www.envhelp.org/sb), and other representatives of the Dry Cleaning Alternatives Study Group worked successfully with the Division of Air Quality (http://www.ncair.org/) to exempt perc drycleaners from Title V permitting.

You might ask how this was possible. The answer is simple, though the process was not. NCALC staff and volunteer leaders have spent untold hours over the past 7+ years developing and maintaining a cooperative relationship with the divisions of the NC Department of Environment & Natural Resources. This included the development of the Dry-Cleaning Solvent Cleanup Act Program, obtaining compliance assistance with both the Clean Air Act and hazardous waste regulations, and participation in the Dry Cleaning Alternatives Study Group. NCALC's proactive approach to pollution prevention, as evidenced by the Minimum Management Practice Rules, cooperation with air quality inspectors, and statewide education and training programs on environmental compliance, have clearly demonstrated our commitment to environmentally responsible behavior in our industry. Likewise, NC DENR has been cooperative, reasonable, and supportive of the drycleaning industry in North Carolina. Staff have consistently worked with us to find effective, practical solutions to environmental issues in our state. While the relationship that exists between regulators and drycleaners in North Carolina is not unique, it does stand in stark contrast with relationships in states such as California.

While North Carolina's perc drycleaners have been spared from Title V permitting thus far, this may not last. The EPA gave perc drycleaners as well as five other "area sources" a deferment from Title V permitting fees until December 31, 2004. A decision on whether to exempt them or permit them should be finalized by the fall of this year in order to begin the rulemaking process in time to meet the December 2004 expiration date. The law allows the EPA Administrator to exempt any stationary source, like drycleaners, if compliance would be "impractical, infeasible, or unnecessarily burdensome," and we hope the new EPA Administrator, whoever that may be, is willing to do this. If, however, perc drycleaners are not categorically exempted from Title V permitting requirements, it will then be up to NC DENR and the various local programs to set the Title V permit fees for drycleaners in our state.

As you read in the national trade press about the activities of IFI and NCA to obtain an exemption, know that the time is ripe to make the case that permitting of small area sources is not necessary. Regional and state associations and coalitions of drycleaners are raising money and lobbying their state legislators and regulators in hopes of obtaining an exemption, or at least a fee that won't put the average plant owner out of business. NCALC will be submitting comments to protect your investment to the appropriate personnel in the very near future. If you want your individual voice to be heard as well, please contact our office for instructions.

If you're not on board as a member of NCALC, you should be. The exemption from the Title V permitting fee could well have paid for your membership many times over in the past couple of years.

Editorial Note: Tony Pendola is the lead engineer in the Small Business Assistance Program (SBAP). This is the office that sends out the Drycleaners Air and Waste Compliance Calendar each year. Although the SBAP is under the Department of Environment and Natural Resources (DENR), his office is both confidential and non-regulatory. The Clean Air Act recognized that small businesses would need help understanding the regulations and therefore prescribed that every state have someone that would help these small businesses for free and act as an advocate on their behalf.

If you have any compliance problems or questions, contact Tony toll-free at 1-877-623-6748. Valuable information can also be found on his website at www.envhelp.org/sb. Tony is also scheduled to speak at NCALC's seminars in Kernersville, NC on October 5th. I hope you will take that opportunity to meet him and let him know how the calendar has helped you maintain compliance.

If you are currently utilizing a 2003 compliance calendar(s) to maintain your solvent purchases, inspections, and maintenance records, there is a tear-out page between the months of September and October 2003 which you must fax or mail to DENR by November 1st to receive a calendar or calendars (you need a calendar for each perc machine).

If you are not currently receiving or utilizing the compliance calendar(s) and would like to receive one or more (you need one for each per machine you operate), you can fax or mail your request to:
Tony Pendola
Small Business Ombudsman
DENR Small Business Assistance Program
1640 Mail Service Center
Raleigh, NC 27699-1640
Fax: 919-715-7468 / Phone: 1-877-623-6748

[All contacts with the Customer Service Center are confidential and do not result in your name or location being shared with other DENR departments.]

NC DENR AIR QUALITY INSPECTORS REPORT THAT IMPROPER RECORD KEEPING IS THE MOST FREQUENT VIOLATION FOUND IN THEIR INSPECTIONS OF PERC DRYCLEANING PLANTS.

Due to the conflict between the IFC and NFPA32, it is quite possible your local building codes, building inspectors, and local fire department may be utilizing different standards in approving Class III solvent installations.

Cleaners switching from perc to a high-flash hydrocarbon (e.g. Exxon2000) or GreenEarth may not run into a problem only because replacing equipment and solvent in existing facilities draws little attention. However, when you update your chemical inventory with the fire department, as required by the community right-to-know regulations, you could well find out that you have violated the applicable fire code and cannot operate without adding a sprinkler system. It is advisable to check with the fire department before switching to a Class IIIA solvent unless your plant has a sprinkler system.

If you are planning to install a Class IIIA solvent machine in a new plant, it is advisable to check with both the building code officials and the fire department to see which rules apply if the building does not have a sprinkler system.

IFI is currently trying to work with the Committee for the International Fire Code to determine if the IFC code can be changed to include those exemptions provided in NFPA32. UNTIL THEN, BETTER TO BE SURE WHAT CODE APPLIES THAN SORRY YOU DIDN'T.

Form I-766 - Employment Authorization Document has been added to List A and can now establish both identity and legal work status.

Employers should review all I-9 forms of current employees to insure that currently acceptable valid identity and employment eligibility documents have been examined and are listed. Remember, the I-9 is the official document and must be fully completed. Copies of the employee's original documents, which employers are required to inspect and believe to be valid, are simply supporting documentation.

You are required to retain a current I-9 form for 3 years after a person begins work and for 1 year after their employment ends, whichever is later. Many of the forms and/or documents utilized to establish identity and employment eligibility are not acceptable if they have expired. It is wise to set up a tickler file or system if documents with an expiration date are utilized to establish identity and/or employment eligibility so that an updated work authorization can be obtained and the Updating and Recertification Section 3 of the I-9 form can be completed in a timely fashion.

The IRS is now forwarding information on unmatched or invalid social security numbers to the INS. Should you be notified by the IRS that they are unable to match or verify an employee's social security number and the employee cannot provide a valid social security number, or the employee does not provide the appropriate identity and employment eligibility documents within 3 days of your request, you should consult with a knowledgeable attorney or consultant immediately as to your appropriate course of action.

A NOTE OF CAUTION: "You must accept any document(s) (from List A) or combination of documents (one from List B and one from List C) presented by the individual which reasonably appear on their face to be genuine and to relate to the person presenting them. You may not specify which document(s) an employee must present," according to the law. In addition, "The law obliges you not to discriminate against individuals on the basis of national origin or citizenship, or to require more or different documents from a particular individual," or consider a further employment authorization expiration date in determining whether an alien is qualified for a particular job.

This information is not meant to provide legal advice and is provided for informational purposes only, to alert drycleaning business owners and managers to potential problems which may warrant their attention and/or consultation with a qualified attorney, consultant, or government official.

How "green" is today's professional textile care industry? It is a complex and controversial subject matter without clear-cut solutions or answers. Some believe that our industry is unfairly targeted by environmentalists and regulatory agencies as an industry that uses the "highly toxic solvent" perchloroethylene (PCE) to clean clothes. Others believe we have now "non-toxic (green) solvents" for alternative textile cleaning. I have participated in the evolution of environmentally friendly textile cleaning practices and processes, and so my view is somewhat different.

I have two vantage points for my perspective on this issue. First, experiences in a major textile cleaning plant, with a trade association and with a major industry supply firm. In these settings, I had to focus on business practices that centered on existing conditions and needs of the business at hand and the professional textile cleaning industry. Second, experiences with a major independent research institute, in the multidisciplinary academic environment of two major American research universities and in contacts with state and federal government agencies. Here, I worked on fundamental principles and issues of science and technology without economic accountability. In these settings, the focus is to serve a society that demands protection of health of all people and the environment irrespective of type of industry or human activity.

"Shades" of Green
The adjective "green" has many meanings. The Webster's college dictionary lists 30 definitions that include green. I selected just a few uses of the word green that have some relevance to the dry cleaning industry.

1. Green Color
It is the color of growing foliage and, unless you live in the desert, all around us. People perceive it as a pleasant visual sensation caused by the selective reflection of light from the plants. Most people treasure our natural green environment and want to preserve it for future generations.

2. Green Experience
Here, green has a negative connotation and refers to being immature in age, judgment or untrained. And a greenhorn is defined as an inexperienced, naïve or gullible person. None of us wants to be characterized that way. We can avoid this kind of green through education and professional training.

3. Green Politics
It reflects the transition of emotional environmentalism to a legitimate political force.

· Operate human society as part of nature
· Live within the ecological and resource limits of the planet
· Guarantee the rights of non-human species
· Promote sustainable agriculture and the respect for the natural systems.

Today, many green politicians have some realistic political goals and much broader influence. In many countries, green parties are now integrated into governments and have expanded their values that include grassroots democracy, social justice, and respect for diversity, global responsibility and sustainability. In other words, their voices and influences are sanctioned in the political spectrum of many democracies.

4. Green Chemistry
Green chemistry, often called chemistry for pollution prevention, has now high priority within the chemical industry. A lot of reseach goes into the design of chemical products and processes that reduce or eliminate the use and generation of hazardous substances. Innovative scientific solutions to real-world environmental situations are now the order of the day. It is not really a voluntary action. When the U.S Congress passed the Pollution Prevention Act of 1990, the Environmental Protection Agency (EPA) was asked to formulate a new pollution prevention strategy.

Study shows past practices of hazardous products management and what future practices should be. In the past, emphasize was on "end-of-pipe" treatment of waste after it was produced. In the future, processes are to be changed to prevent waste from being generated in the first place. Applying this strategy to dry cleaning would mean replacing PCE with less hazardous solvents.

5. Green Textiles
About 15 years ago, the German press made a big fuss about "poison in your textiles" that frightened many consumers. Two independent research institutes collected data, defined "harmful substances" in textiles and developed a testing and certification program known as "Oeko-Tex 100." Textiles are now tested by over 12 internationally recognized institutes for harmful substances, such as formaldehyde, extractable heavy metal ions, pesticides, chlorinated phenols and carriers, dyestuffs and other potentially harmful substances. Internationally accepted toxicity date and analytical procedures are used to verify that textiles are free of harmful substances. Over 30,000 certificates have now been issued for millions of individual products. And 4,200 textile and apparel manufacturers worldwide have their products certified. Today, many buyers for large European retailers do not purchase textiles without the Oeko-Tex 100 certificate. This voluntary initiative has virtually eliminated the fear of consumers since certified textiles are considered environmentally friendly.

Let's look at the emerging concept of environmental indicators that are going to shape the future strategies of environmental agencies world-wide.

CAPRM-EPA Environmental Indicators and Strategy:
In 1993, the U.S. Congress passed the Government Performance and Results Act (GPRA) that requires all federal agencies to support their mission and goals with indicator-supported strategic planning processes in their request for congressional funding. EPA's Office of Prevention, Pesticides and Toxic Substances (OPPT) and Florida State University (FSU) established a cooperate agreement to develop a national environmental data base to meet this legislative requirement.

Under this umbrella, the Chemical and Pesticide Results Measure (CAPRM) project was formed to develop a national set of chemical, pesticide and pollution prevention indicators. These indicators can be used by states, the private sector and the EPA to describe and understand environmental trends and conditions concerning chemical and pesticide issues. For more details, go to www.pepps.fsu.edu/caprm/

EPA asked me to serve on the external CAPRM working group that was essentially a stakeholder group with representatives from federal and state environmental agencies, the chemical and the pesticide industries and academia. With leadership from EPA and FSU, the program helped identified strategic issues relating to chemicals and pesticides and provided oversight of the development of 74 indicators in Phase I of the project. A final report for CAPRM - Phase I was published in 2001. These indicators will become important parts of the federal-state relationship in environmental matters. They are grouped in seven mission-based issues:
1. Globalization of Environmental Effects
2. Sustainability
3. Food
4. Waste
5. Products
6. Human Health
7. Ecological Health
It is important to recognize that environmental agencies today include sustainability as a major goal in their work. The goal of sustainability is to maintain or even improve the current quality of live without diminishing the potential quality of life of future generation. But to achieve this goal requires that, when possible, harmful chemicals are eliminated or at least controlled. Releases of any chemical into the environment must be restricted, and that the use of chemicals is safe for people and the environment. It also means that pollution that may occur must be cleaned up.

Under each of the seven issue titles is identified an issue sub-title. For example, under sustainability, one subtitle is the toxicity of the ambient environment, and an environmental indicator for it is "Pesticide Detections in Ground and Surface Water."

Each environmental indicator has a justification why the indicator is important, a data display when available, a summary of the data trend, relevant notes about the data display, major limitations or characteristic of the data and the references. Each indicator is categorized into pressure, state, effects and societal response. These categories are measures of the following parameters:

1. Pressure: measures of pressure on the environment caused by human activities, such as discharges of emissions.
2. State: measures of the quality of the environment and the quality and quantity of natural resources such as ambient conditions.
3. Effects: measures of the impact of a change in the state of the environment, such as body burden and uptake, human and ecological health and health risks.
4. Social Response: measurers that show what and how much society is doing to respond to environmental changes and issues, such as regulatory response or actions by the regulated community.

Another important parameter is the availability of data for the indicators. For that, letter classifications of Types A, B, and C were introduced with the following meanings:

Type A: Indicators for which adequate data are available now and can be used to support the indicator without significant cost considerations.
Type B: Indictors which are presently feasible and for which data exist but cannot be provided because of inordinate cost, analytical complexity, time limitations or legal constraints.
Type C: Prospective indicators for which indicator quality data do not exist and there is no reasonable prospect of development.

The pollution prevention efforts of our industry show a positive trend. The CAPRM Phase II publication will contain an environmental indicator that documents the dry cleaning perchloroethylene decline.

The environmental indicator shows that since 1986, the PCE use has decreased dramatically, from 259 to 52 million pounds in 2001. This corresponds to a drop of 79%. One of the major reasons given for this decline is the use of more efficient dry cleaning machines. This decline is changing the pressure on the environment because it lowers the discharge/emissions. We have Type A data for it, as discussed above, that support this indicator. Objective regulators, politicians and environmentalists will take note of this positive change in our industry.

EPA bases their programs more and more on facts and on documented credible data. Emotional and political influences that call for regulatory actions or program changes are loosing steam. There is a message for our industry: continue to work on making our cleaning processes more and more "green" or environmentally friendly. This raises the fundamental question: What is green dry cleaning? Let us review some of the actions in the USA that have moved the dry cleaning industry into more environmentally friendly waters.

EPA's Design for the Environment Program (DfE):
In May 1992, EPA organized an international roundtable conference on pollution prevention and control in the dry cleaning industry. Issues like PCE soil and ground water contamination around dry cleaning plants and the detection of PCE vapors in apartments above dry cleaning plants were the most controversial topics. Many industry representatives had a tough time to accept these findings and health professionals and regulators called for unreasonable actions.

After this finger-pointing meeting, EPA established the Design for the Environment Program (DfE) for Dry Cleaning that is now called the Garment & Textile Care Program (GTCP). EPA's DfE Program had three general goals:
1. To encourage voluntary reduction of the use of specific hazardous chemicals through design or redesign of products, processes, and technical and management systems.
2. To incorporate environmental concerns into the decision-making process of the business world: cost and performance.
3. To build incentives for behavior change to encourage continuous environmental improvements.

When EPA started this voluntary program, it signaled to researchers and to entrepreneurs that the search for improved PCE technology and for alternative cleaning technologies offers new research and possibly new business opportunities. EPA organized and hosted two informative conferences. The first conference, held in Washington, DC on September 9-10, 1996, focused on Apparel Care and the Environment: Alternative Technologies and Labeling. The second conference, held also in Washington, DC on March 31 - April 2, 1998, focused on Garment and Textile Care Program: An Eye to the Future. Both conferences helped guiding our industry towards better environmental management practices and the search for alternative technologies. Proceedings are available from both conferences (EPA 744-R-96-002, September 1996 and EPA 744-R-98-006, June 1998).

In 1998, EPA published a comprehensive technical document on dry cleaning technologies: "Cleaner Technologies Substitutes Assessment (CTSA) for Professional Fabricare Processes" (EPA 744-B-98-001, June 1998), designed to help companies make informed decisions in their work practices and cleaning technologies. The report documents the efforts of industry, environmentalists and government to make professional dry cleaning "greener." The report is lengthy and often repetitive without giving conclusive guidelines for our industry.

For almost ten years, I served as stakeholder for EPA's Design for the Environment- Garment and Textile Care Program. It was neither always easy nor possible to get the many diverse opinions of the stakeholders resolved for a unified action or position. However, I am convinced that this voluntary program of EPA has made us a more environmentally conscious and responsible industry. The ball is now in our court.

Persistent Concerns about the Use of PCE:
Despite these efforts, environmental and human health concerns about PCE did not go away. Why? EPA and other regulatory agencies say that dry cleaners represent one of the largest "hazardous" chemical users that come into contact with the general public. Many users of PCE feel that today's new technology and better management practices justify the continued use of PCE for dry cleaning. However, let us face it, most regulators, environmentalists, property owners and a growing number of dry cleaners see the potential risk associated with the use of this proven solvent outweighing its advantages. More and more, dry cleaners have problems renewing their leases or are asked to change to environmental friendlier cleaning methods. Two major risks with PCE are persistent and considered relevant:

1. Toxicity and Potential Cancer Risk:
There is no doubt about that PCE, like many other solvents, is a hazardous solvent. However, if PCE is used in a modern (Generation 4 or 5) machine that is property maintained and operated, it poses no health risk. So says the final stakeholder report of the North Carolina Department of Environment and Natural Resources (NCDENR), released early 2002 on Alternatives to the Predominant Dry Cleaning Processes:

"The North Carolina Occupational and Environmental Epidemiological Branch and several other credible sources/reviewers believe there is no credible evidence to associate PCE as used in the dry cleaning industry with cancer."

Unfortunately, this view is not universally accepted, even within government agencies. Despite strong lobbying and opposition from dry cleaners, the California South Coast Air Quality District (SCAQD) passed a rule in December 2002, requiring that dry cleaners in the Los Angeles area phase out PCE by the year 2020. It has a reasonable phase-out period that allows dry cleaners to depreciate their PCE machine investments and provides incentives to switch to environmentally friendly alternative textile care technologies.

The two opposite rulings by government agencies illustrates the general problem with risk perception, acceptance and management. Both agencies studied the same scientific literature and yet, they arrived at opposite interpretations and rulings.

Another major concern is the almost ubiquitous presences of traces of PCE in soils and ground water near virtually all dry cleaning plants with the potential to contaminate drinking water.

2. Soil and Ground-Water Contamination:
This issue started to get serious attention in 1992. A representative of the California Central Region reported at the EPA's Roundtable meeting mentioned above that a significant number of wells in their region are contaminated with PCE. Most dry cleaning associations developed guidelines and programs for their members to avoid future PCE contaminations. However, calls for cleaning up past contaminations that occurred under legal operating conditions became louder and louder.

At that time, dry cleaners felt unfairly attacked and refused to take corrective actions. Their massive political and legal efforts to lift the burden went nowhere. When the full impact of "retroactive liability" sunk in and begun to threaten the livelihood and property values of many dry cleaners, the search for workable solutions with federal and state government agencies begun. Federal efforts were unsuccessful, but significant progress was made at the state level with active leadership and input from dry cleaners.

With the support of the Technology Innovation Office of federal EPA, twelve states formed the "States Coalition for the Remediation of Dry Cleaners." The group has a website which contains important information about their programs (www.drycleancoalition.org). Ironically, California is not yet part of that group and has not yet developed a workable program. The state coalition has four main objectives:
1. Provide a forum for exchange of information on technical and implementation issue.
2. Share information and lessons from states without dry cleaner specific programs.
3. Serve as a resource for dry cleaner remediation issues.
4. Encourage the use of innovative technologies in dry cleaner remediation.

North Carolina is one of the states that have begun to implement a fair remediation program for dry cleaners. Leading dry cleaners of the state took the initiative, worked with environmental experts and regulators and came up with a program that the legislature could pass. Funding comes from annual fees from dry-cleaners, solvent surcharges and from the dry cleaning sales tax that is gradually transferred into the remediation fund.

PCE contamination profiles and data are generated around dry cleaning plants. This information is in the public domain. For example, the number of PCE contaminated sites to date in North Carolina is documented.

Eventually, this type of data will be used for additional CAPRM environmental dry cleaning indicators as we have seen with pesticides. While remediation programs document a solution-oriented initiative of dry cleaners, the data themselves are likely disturbing to the public. Consequently, the "green dry cleaning" image with PCE will be difficult to keep or earn.

How Green Are Alternative
Textile Cleaning Technologies?
Alternative dry cleaning processes and equipment, using refined hydrocarbon, cyclic methyl siloxanes, liquid carbon dioxide, glycol ether as well as professional wet cleaning are now commercially available. Everybody selling or using any of the alternative technologies claims to have solved the environmental problems.

EPA and many environmentalists accept wet cleaning and solvent cleaning with carbon dioxide, siloxanes and the new hydrocarbons as environmentally preferable processes. In fact, EPA monitors the sales of preferable garment cleaning equipment for these technologies. CAPRM II uses the data as an environmental indicator.

According to data from EPA, the sale of environmentally preferable cleaning equipment rose from 62 in 1994 to 426 in 2000, to 1,591 machines as of March 2001. The numbers are relatively low, and they reflect a cautious acceptance of alternatives by the industry. This is not surprising because many cleaners still feel that they use PCE under environmentally responsible practices.

So, how "green" are these alternative technologies? I will go out on the limb and make a few judgment calls. I prepared a table that categorizes the environmental measures and rates the availability of data for each alternative solvent or technology, as CAPRM would do it. Wet cleaning is not listed here, but it is universally accepted as the "greenest professional textile care technology."

I based my personal judgments and rankings of current "green" industry options on my diverse experiences, research and involvements in the evolution of these technologies. The data and conclusions are not "peer reviewed" and the cleaning efficiencies and costs are not considered. Here is my environmentally ranking of the emerging or refined technologies:
1. Carbon Dioxide
2. Cyclic Siloxane
3. New Hydrocarbons
4. Glycol Ether
5. Perchloroethylene

I consider wet cleaning as an important supplement to any one of these solvent cleaning technologies, and we should promote it to its limit. Many environmental advocates see it as stand-alone alternative to conventional dry cleaning. However, professional cleaners throughout the world do not agree. Professionals have the most flexibility in their plant if they optimize both, solvent cleaning and wet cleaning.

We have more research data on the environmental fate of PCE than on all other alternative solvents and processes. There are virtually no scientific and peer reviewed publications available for the alternative solvents as they are used in our industry. Claims that a specific alternative process is the "greenest" are premature.

The final verdict from independent parties and regulatory agencies will come slowly. Practically all new "environmentally friendly" solvents and processes are still below the radar screen of environmentalists, scientists and regulators. That is because alternative cleaning chemicals are used in small amounts and their current impact on the environment is so minor that regulatory agencies pay little attention to them. They have bigger fishes to fry.

Where does this leave a dry cleaner that must make investments decisions now? Simply put, when best management and operating practices are followed with any of the above processes, none of them is likely to harm people or the environment. The challenge is to have a reliable environmental control program that monitors the fate of the alternative solvent or process. Moreover, just because a solvent is not regulated today does not mean it is "the greenest" alternative.

Concluding Remarks:
1. Environmental protection agencies base their strategies for future environmental programs on measurable environmental indicators. .
2. Government agencies have different opinions and regulations about environmental risk management of PCE dry cleaning.
3. Environmental indicators will monitor the fate of PCE and document the acceptance of environmentally friendlier alternative technologies by the dry cleaning industry.
4. The absence of research data and environmental regulations on alternative solvents or processes does not automatically mean that they are "green" or environmentally friendly.
5. Best process management practices with quality control measures in place is the best way to demonstrate your environmental responsibility.
6. The decisive answer to "how green are we" will come from neutral, unbiased experts who will base their judgment on scientific and peer reviewed data.

1- Collars and Cuffs
This mixture is quite effective on the collars and cuffs of raincoats, jackets, windbreakers, etc. With the VDS breaking down the oils and the spray spotter containing just enough moisture to break down the ground-in soil, this mixture reduces recleans by allowing full penetration of the solvent.

2- Moisture Sensitive
When faced with moisture-sensitive fibers, fabrics, and dyes, this mixture gives one another option. Semi-wet can be used in some situations to remove water-soluble stains in these moisture-sensitive situations with the very minimum of moisture.

3- Latex Paint
This mixture is the ideal starting point for removing latex paint. Applying semi-wet to the stain, followed by mechanical action with the bone, usually breaks down and suspends the paint. Once suspended, the paint is flushed away during drycleaning.

4- Unknown Stains
When faced with an unknown stain, it is safer to start with a minimum of moisture. Semi-wet is the place to start.

This mixture should be on every spotting board. It gives one a great starting point on a variety of stains and fabrics. Mix up some if you are not already using semi-wet. Start slowly. You will reap rewards and have an additional option for stain removal, with a minimum of risk. Hang to dry before cleaning to be absolutely sure to prevent redeposition, especially with light colors.

EXCEPTION: ALL EMPLOYERS MUST REPORT TO OSHA ANY WORKPLACE INCIDENT THAT RESULTS IN A FATALITY OR THE HOSPITALIZATION OF THREE OR MORE EMPLOYEES.

Therefore, MOST (if you had more than 10 full- and part-time employees company-wide at any time during the last calendar year) DRYCLEANERS are required to keep records of fatalities, injuries, and illnesses that are:
1) Work related,
2) A new case, and
3) Result in any of the following:
a) Death,
b) Days away from work,
c) Work restrictions or job transfers,
d) Medical treatment beyond first aid, or
e) Loss of consciousness.

You must consider a case to meet these criteria if it involves a significant injury or illness diagnosed by a physician or other licensed healthcare professional, even if it does not meet the other cited specific criteria above (i.e., 1-3 above).

All employers are required to keep records of specific injuries/illnesses whether or not the criteria cited in 1-3 above are met:
1) All work-related needle stick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material;
2) When an employee is medically removed under medical surveillance requirements of an OSHA standard;
3) If an employee's hearing test reveals a Standard Threshold Shift (STS) has occurred;
4) If an employee has been occupationally exposed to anyone with a known case of active tuberculosis (TB); or
5) IF ANY EMPLOYEE EXPERIENCES A RECORDABLE WORK-RELATED MUSCULOSKELETAL DISORDER (MSD).

Employers must complete an OSHA Form 301 incident report and enter each recordable injury or illness on the OSHA Form 300 log within seven (7) calendar days of receiving information that a recordable injury or illness has occurred.

No later than February 1 each year employers must create an OSHA Form 300A "Summary of Injuries and Illnesses Recorded on the OSHA 300 Log for the Previous Year" which must be certified by a company executive and posted in a conspicuous place where notices to employees are normally posted.

Employers must retain the OSHA 301 Incident Reports, OSHA 300 Log and 301A Annual Summary forms for five (5) years following the end of the calendar year the records cover. During the five-year storage period, employers must update the stored OSHA 300 Logs to show any changes that have occurred in the classification of the previously recorded injuries or illnesses.

Employers must inform each employee of how they are to report an injury or illness. Additionally, employers must provide limited access for employees or their representatives to review the information on their injury or illness.

Additional information and assistance are available on the OSHA website at www.osha.gov or from your regional or local OSHA office.

Take assembly, for example. What could possibly be new with assembly? There were marking systems that use radio chips instead of paper tickets. As the garments come down a conveyor from the finishing department, the system is able to read those chips and deliver the garments to the appropriate spot on your assembly conveyor. When the system determines the order is complete, it then sends the order to the bagging station. Wow, that's progress.

There were a lot of multi-purpose finishing stations and cabinetless shirt units that were all the rage. The popularity of cotton blouses, men's shirts with spandex, and dark colored shirts that are prone to shine means that cleaners are desperately looking for a way to finish these garments that should not or will not go on the conventional shirt units. The demonstrations I observed appeared to do a perfect garment quickly and with ease.

I saw a shirt buck that was split in two horizontally in the back, and as the cabinet closed on the buck, the lower half of the buck dropped down slightly. This created a perfect pleat on the back of the shirt. In other words, it pulls the back of the shirt down for the operator automatically.

There was a collar/cuff unit that was unique because it, too, had a split buck for the collar. As the head closed, the buck separated slightly. It produced a beautiful collar front and back because of the tension it applied once the head was down.

Finally someone has come out with a pants press that automatically gives a "soft press." Yes, we can obtain a soft press on any press by taking it off of automatic and manually operating the head pressure, steam, timing, and vacuum. This press did all that with the mere push of a button. I loved it because I know pressers are prone to be in a hurry, and they don't take the time to manually finish garments that are susceptible to shine, seam impression, and moiré swirls. This made producing a soft press so easy, I know that pressers are going to love this function, too.

I also want to mention the seminars. This year's seminars were the best. There were panels of successful drycleaners sharing their real life experiences with us. I walked away with a lot of great marketing ideas and employee motivational ideas. My only regret is that I only stayed three days. What was I thinking?! I could have spent all four days there, and still it would not have been enough time to see everything and everybody. The camaraderie we have is the greatest part of all. I can't wait till next time. See you at CLEAN '05!

How Does It Work and How Much Would It Cost to Participate?
A detailed explanation of how DSCA works is probably unnecessary at this point. To summarize the program's operation, however, dry cleaners and the owners of past or present dry cleaning properties may petition to enter the program. There is no deadline for filing such a petition. The petitioner must establish that the property is or was the site of a dry cleaning or solvent distribution operation, and must provide all existing environmental information about the property, including information that establishes that solvent has been released there.

The petitioner must demonstrate an ability to pay the statutory deductible amounts for the assessment and remediation of any solvent contamination of the property, and must be prepared to sign an agreement with DENR for the environmental assessment of the property. The amount of the statutory deductible varies depending upon the size of the dry cleaning operation, but it ranges between $5,000 and $25,000.

The dry cleaner must demonstrate that no delinquent solvent taxes are owed, and must show that the dry cleaning operation is in compliance with DENR's Minimum Management Practices (MMPs). Dry cleaner petitioners that are out of compliance with the MMPs will be disqualified from participating in DSCA, but DENR, in a recent policy decision, decided not to disqualify the property owner on the basis of the tenant's MMP non-compliance.

After the property has been certified into the program, DENR will investigate to make sure that it does not constitute an imminent threat to public health or to the environment. An example of such a threat would be the contamination of a public or private drinking water supply caused by continuing underground migration of solvent from the property. If there is such an imminent threat, the property automatically vaults to a Priority 1 category for cleanup.

Absent such a threat, however, the petitioner signs an assessment agreement with DENR and arranges for a Prioritization Assessment by a qualified environmental consultant. The PA is a basic environmental investigation, the cost of which may vary depending upon the scope of the contamination. An environmental firm recently consulted by the author of this article advises its clients that a PA can cost between $13,000 and $15,000, depending upon the geologic complexity of the property and assuming no pre-existing data.

The petitioner must bear the cost of the Prioritization Assessment but it counts against his statutory deductible. If the deductible is exceeded, the petitioner will be reimbursed the difference between the deductible and the total approved PA costs.

Based upon the Prioritization Assessment, DENR ranks the site, assigning the property a priority for the comprehensive site characterization that will be the key to its remediation. The cost of the comprehensive site characterization will vary considerably with the scope of the contamination and the geologic complexity of the area. The good news for petitioners at this point is that DENR does all the work of contracting with environmental consulting firms to characterize and remediate the property. Additional good news is that, while the remainder of the petitioner's $5,000 - 25,000 statutory deductible may be expected to be used up by the comprehensive site characterization, after the deductible limit is reached and if total costs exceed $200,000, the petitioner pays only a relatively small co-payment until the total post-PA costs exceed $1,000,000, and then the petitioner pays nothing at all. The maximum petitioner's co-payment for a site characterization and cleanup that exceeds $1,000,000 in total costs is $14,000.

The assessment, characterization, and cleanup of a contaminated dry cleaning site can be routinely expected to cost hundreds of thousands of dollars, and could cost millions. Before DSCA, property owners and dry cleaners were individually liable for this entire amount at each contaminated property. By entering into the DSCA program, the petitioner limits his post-PA cleanup liability for a contaminated dry cleaning facility to a maximum of $39,000. Smaller dry cleaning business will pay even less.

Growth of the Program and Low Participation by Dry Cleaners
The DSCA program's benefits are obvious, and that is reflected by the growing number of petitioners seeking entrance into the program. By mid-September 2003, 81 past or present dry cleaning sites had been certified as program participants, an increase of exactly 50% over the 54 sites that were reported as certified in DENR's October 2002 annual report.

Yet one aspect of the program's initial success is puzzling: although dry cleaners were instrumental in getting DSCA passed in 1997, although dry cleaners were active in getting the program funded to present levels thereafter, and although DENR fully expected the typical DSCA petitioner to be a dry cleaning business, the percentage of past and present dry cleaners who are actually taking full advantage of the program is surprisingly low. According to October 2002 statistics, for example, dry cleaners comprised only about 30% of all petitioners seeking to enter the program. The other 70% were the dry cleaners' landlords and subsequent owners of property that had been used for dry cleaning. These percentages remain roughly the same to date.

Reasons for Cleaners to Become DSCA Petitioners
The advantage to landowners of DSCA participation is obvious: at the end of the program, they get a clean" property that they can sell or borrow on without environmental issues' affecting its marketability or value. Still, the imbalance between the participation of landowners and dry cleaners is surprising because dry cleaners have at least five good reasons to become more proactive participants in the DSCA program. I'll discuss each of them next.
Reason #1: DSCA participation limits your liability for court-imposed cleanup costs. Most dry cleaners are unaware that they may be facility "operators" within the meaning of the federal Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA," or "Superfund"). But they should be aware. If their operations cause or contribute to environmental contamination, facility operators may be held strictly liable for costs paid by others in addressing that contamination.

To put this legal point into practical terms, when a landlord proceeds under DSCA to assess, characterize, and clean up solvent contamination that was caused by your operation, he is entitled to sue you to recover a significant share of his DSCA costs. By "a significant share" I mean the portion of the total costs that a court regards as fair under the circumstances, considering such factors as EPA's "polluter pays" principle. Typically, the operator's share could be expected to be large.

And by "you," I may mean more than "your company." Many dry cleaning business owners act upon good legal advice to incorporate their businesses or to organize them as limited liability companies. These forms of business organization normally function to protect the business owner's savings and other personal assets from outside claims, and to limit liability to the assets of the business. But what many business owners - and many business attorneys - fail to take into account is the ease with which many environmental claims, including cleanup cost recovery claims under CERCLA, can pierce or evade corporate protections. For example, I have personally represented an owner of an incorporated dry cleaning business who, because he also worked "hands on" as the manager of the business, was personally subject as a facility operator to an uninsured seven-figure demand for cleanup costs when the U.S. Environmental Protection Agency determined that his business was responsible for solvent contamination.

Participation in the DSCA cleanup program, had it been available to this man at the time, would have limited his corporate and personal liability to a total of about $40,000.
Reason #2: Relatively low-cost DSCA protection is available to you as a co-petitioner. To simplify the discussion, this article has presented DSCA costs and procedures as those of a single petitioner, acting alone. But there is no such limitation in the law. Landlords and dry cleaner tenants are legally free to work together under a cost-sharing agreement as co-petitioners so that each would receive full DSCA protection while each paid only the share of the total cost set out in the cost sharing agreement.

Reason #3: You are already paying for someone else's DSCA cleanups, so why not include your own operation? As noted above, DSCA has by now accumulated millions of dollars in funding for site characterizations and cleanups. The exclusive source of this money, until very recently, was the tax that dry cleaners pay on their solvent. So the dry cleaning community, and not property owners who merely rent facilities to dry cleaners, have been bearing the entire non-deductible and non-co-payment cost of the DSCA program while providing only 30% of the petitioners who get the protection.

Reason #4: If a dry cleaner does not participate in DSCA while its landlord does, the dry cleaner may be more likely to be found non-compliant with Minimum Management Practices or other environmental regulations.
By statute, all North Carolina dry cleaners must comply with certain Minimum Management Practices ("MMPs") that are found in State environmental regulations and have been in effect since August 2000. The MMPs are intended to prevent the future release of dry cleaning solvent to the soil and groundwater of the State.

The effects of non-compliance with the MMPs could be severe. For one, the dry cleaner would be subject to civil penalties (in everyday language, fines) for the violations. Perhaps worse, the non-compliant dry cleaner could be in violation of certain terms of its lease that require compliance with all government regulations, especially environmental requirements. Finally, and worst of all, the dry cleaner would be ineligible for DSCA cleanup assistance.
Reason #5: Do the right thing. As most lawyers would do, I have devoted most of this article to advising you, the dry cleaner reader, of the many terrible things that might happen if you fail to consider seriously your business's participation in DSCA. Let me now talk about the good things that could ensue from DSCA participation.

North Carolina is still largely rural, and much of the State continues to depend on groundwater wells for its drinking water. By ascertaining now whether spills have occurred at your facility, you can make a positive contribution to the future purity of that groundwater. If contamination has occurred, you can take a further contribution by participating in DSCA. By doing so in partnership with the property owner, you can help preserve the environment at a minimal cost to each of you.

The preservation and enhancement of environmental values is something that virtually all Americans seem to think is important. It is sometimes said jokingly that no good deed goes unpunished, but it is truer that good things tend to happen to people who are known to do good. In particular, should you choose to participate in DSCA, your customers would probably like to hear about your commitment to environmental improvement and your willingness to put money into values that many of us only talk about.

Rick Kane is an environmental lawyer with Poyner & Spruill LLP, serving clients State-wide out of the firm's offices in Charlotte and Raleigh. He has represented both dry cleaners and property owners in resolving issues associated with dry cleaning solvent contamination.

A New Life for Contaminated Sites
Hopefully, most drycleaners are already aware that the Dry-cleaning Solvent Clean-up Act (DSCA) provides valuable liability protections and significant funding for responding to subsurface pollution at former and current plant sites. They should also know that the DSCA Program is critical to protecting them from eventual financial ruin and that most, if not all, plant sites are contaminated.

However, many dry cleaners still have not fully thought through the advantages of participating in the DSCA Program. For example, the Program can be used to restore diminished or ruined property value and makes it possible to use contaminated property as collateral. It can also help build positive relationships with landlords and neighbors whose property may have been contaminated by dry-cleaning plants. Historical dry-cleaning plants can be purchased and re-developed without the unlimited financial clean-up liability of just a few years ago. Ultimately, DSCA can be used as a tool through which drycleaners and property owners can limit and control long-term financial liabilities to their businesses and families using strategic disclosure processes.

The Status of DSCA Participation
According to the recent statistics, 79 contaminated sites have petitioned and been certified into the Program. The majority of those sites' petitions were submitted by landlords who are capitalizing upon the advantages of DSCA as a result of the need for refinancing, or in association with the sale of shopping centers. Some petitions were submitted by dry cleaners in response to landlord demands, and some petitions have been filed by dry cleaners as affirmative means of addressing pollution. These dry cleaners are helping to ensure a successful future by taking advantage of DSCA's offerings.

Anyone who has been involved in the defense of lawsuits for environmental contamination can fully appreciate the financial and emotional pain that can be avoided by successful use of the DSCA Program. Moreover, sooner or later the North Carolina Department of Environment & Natural Resources will be contacting dry cleaners who are responsible for known contamination sites about remediation. It is suggested that those who fall into this category become affirmative rather than waiting for a state mandate.

Minimum Management Practices are the Law
By law all drycleaners should be operating in full compliance with Minimum Management Practices which are set forth in Title 15A NCAC, Subchapter 02S, Section .0200. There are many details contained within these rules which require careful consideration and precise actions. The following is a partial summary, and it is strongly recommended that every drycleaner become intimately familiar with the rules and the manner in which they apply to each of their facilities:
* No solvent, waste containing solvent, or water containing solvent may be discharged onto land or waters of the State, nor into any type of sewer, drain, boiler or cooling tower.
* All invoices relating to solvent disposal must be kept for a period of three years.
* If an atomizer, evaporator or carbon filter is used, invoices relating to the purchase, maintenance and servicing of the equipment must be kept for three years. If, for instance, any such device is used which requires the changing of filters after a given volume has passed through, the records of volume must be kept, along with invoices for new filter installations at each appropriate time.
* Spill containment must be installed and maintained under and around drycleaning machines, filters, solvent pumps, stills, vapor adsorbers, solvent storage areas and waste solvent storage areas. The containment must be sufficient to capture 110 percent of the volume of the largest vessel, tank or container within the spill containment area for a period of 72 hours. Spotting chemicals are also solvents. Therefore, spotting boards and container storage areas must have secondary containment.
* All floor drains located within spill containment areas must be removed or sealed impervious to dry cleaning chemicals.
* Emergency spill adsorbent must be maintained on-site.
* An emergency response plan which conforms to all federal, state, and local requirements must be maintained on-site.
* No underground tanks may be used to store solvent or waste.
* Facilities which use perchloroethylene must use a closed container solvent transfer system.
* All perchloroethylene drycleaning machines installed after August 1, 2000, must meet air emissions requirements that apply to a comparable dry-to-dry perchloroethylene drycleaning machine with an integrated refrigerated condenser.
* All perchloroethylene drycleaning facilities must be in compliance with the EPA Perchloroethylene Dry Cleaner NESHAP: 40 CFR, Part 63, Subpart M. Drycleaners should already be aware of these Federal rules. They include additional specific requirements such as the maintenance of solvent logs, documented equipment inspections, and a 45 degree condenser.

It should be noted that the Minimum Management Practices are rules and are required for all drycleaning facilities in North Carolina. There are no other options or exceptions. Fines and penalties can result from a failure to comply. Non-compliance may also exclude facilities from participation in the DSCA Program.

Even under the best of circumstances, the most well intended drycleaner is subject, in the future, to having alleged a status of non-compliance which is based on an "unforeseen" technicality according to the interpretation of a future inspector. This is one reason drycleaners may want to obtain an outside review of plant MMP status.

Although a review will not totally preclude the arising of an inspection issue, it will help the drycleaner to recognize and correct the most obvious potential issues. Additionally, each drycleaner should set as a goal to learn to independently interpret the rules and to develop an ability to confidently discuss and respond to an inspector's concerns before a Notice of Violation is written.

Discard the Old Ways
Any perchloroethylene drycleaners who are still using old technology are likely to be paying dearly in solvent taxes. Also, inefficient machines which emit significant perchloroethylene vapor into the air are the largest contributors to site contamination. Much of the vapor simply condenses and returns to the property on the outside of the building, where it enters the ground and groundwater. Bottom line: it is probably always cost-effective to purchase a new fourth or fifth generation machine using the predictable solvent tax savings. This will also practically end unintentional, systematic pollution.

Embrace the Future
The challenge of environmental compliance is one of the largest to ever face North Carolina's drycleaning industry. Through the tremendous and successful efforts of the North Carolina Association of Launderers & Cleaners and the North Carolina Department of Environment & Natural Resources, this State's legislature has designed one of the best, if not the best, clean-up programs within the United States. Now, coupled with the follow-through of each of North Carolina's drycleaners, the enormous environmental challenge can be surmounted.

Environmental regulation is not optional. It will most certainly form a dividing line which separates the drycleaners of the future and the drycleaners of the past who failed because they would not face the challenge of today.

For the purpose of this article, Wetcleaning is to be considered the exposing of "dryclean only" garments to water with special procedures and chemicals. Remember that you are accepting the risk when you expose a "dryclean only" garment to water.

Drycleaning is the use of a specialized solvent to clean textiles.

Laundering is the use of water with no general restrictions on mechanical action, temperature, and pH.

Wetcleaning is the use of water with specific restrictions on water temperature, detergent pH, mechanical action, and drying. Usually requires the use of a conditioning cycle after the cleaning cycle.

Shrinkage is one of the major concerns when exposing "dryclean only" garments to water. There are four factors that, in various combinations, are the major contributors to shrinkage, any two of which often lead to shrinkage:

Water: This is the cleaning medium. The only way to restrict its effects is to always precondition the water with a specialized wetcleaning detergent.

Heat: This factor is restricted by limiting the water temperature to a maximum of 90_F. This limits heats contribution to the shrinkage cycle.

Mechanical Action: This factor is restricted by limiting the rotation to no more than two rotations in each direction per minute. When using a home top-loader, mechanical action can be reduced to an acceptable level by using "delicate" or "hand wash" plus high water level.

Alkali: This factor is controlled by formulating the detergents and conditioners to be neutral or slightly acidic.

We are called on to remove various types of staining material, but they can all be broken down into the type of solution that breaks them down.

Chemically Soluble: These stains require a specialized chemical to break them down. Examples are nail polish and paint.

Solvent Soluble: These stains are usually removed by simply drycleaning. Examples are butter, light oils, and grease. To remove these in water they must be pre-treated with a water soluble POG.

Insoluble: These stains do not easily break down in solvent or water. Examples are carbon, graphite, and sand. The way to remove these stains is through lubrication and mechanical action.

Water Soluble: These stains require water to break them down. Examples are sugar, milk, coffee, and blood. These are the stains that are served by wetcleaning.

Wetcleaning gives an option for garments heavily soiled with water-soluble staining matter. Examples: urine, vomit, heavy soil.
Control Temperature: 87_F. Anything over 95_F is not wetcleaning.

Control pH: 7 Neutral. Anything under 6.8 or over 7 is not wetcleaning.

Control Mechanical Action: 2 rotations per minute. Anything over 4 rotations per minute is not wetcleaning.

Control Drying: 15% relative humidity. Maintaining heat through the end of the drying cycle is not wetcleaning.

Fibers & Fabrics:
Protein: wool, silk, cashmere, angora
Cellulose: cotton, ramie, linen
Synthetic: polyester, nylon, acrylic, acetate
Man-made: rayon

Classification:
Water sensitive fibers
Water soluble/top dyes
Tailored cut

Chemicals:
Detergent: -neutral or slightly acidic
-formulated with conditioners to help prevent shrinkage
-some slightly acidic to help prevent dye bleeding
Conditioner: -formulated to restore soft/lush hand
Texturizer: -formulated to restore a crisp hand

WETCLEANING DOES NOT NECESSARILY REQUIRE EXPENSIVE EQUIPMENT
Open containers - One can and should keep at least one gallon of wetcleaning detergent and conditioner or a combination wetcleaning product as an option for use in a bucket or other open container. The water must have the chemical in the water before placing the garment into the water.

Top Loader - By using the cold water setting, high level, and delicate cycle, one can use a home top-loader to do limited wetcleaning. One extra "rinse after adding the texturizer or conditioner will allow finishing on normal drycleaning finishing equipment. Up to 30% of "dryclean only" garments can be wetcleaned with conditioning and finished on regular drycleaning finishing equipment. This can be done without additional equipment and little change in procedure.

Shirt Washer - If you have a microprocessor "shirt" washer, you can program the machine to make a very fine wetcleaning washer. The secret is to only load it to one-half capacity (put 25# in a 50# shirt washer when wetcleaning). Example: In a Unimac wash 1 is normal, wash 2 is gentle (one rotation right with a 20 second rest followed by one rotation left followed by a 20 second rest), and wash 3 is a soak. By alternating one-minute wash 2 followed by one-minute wash 3, you have a great WETCLEANING cycle.

Remember to always put the chemicals into solution in the water BEFORE putting the clothes in the water, no matter which method you are using.

As of this writing, we have about $5.74 million budgeted for site cleanups and assessments and a Department of Environment and Natural Resources/Department of Justice budget of $1.1 million for program administration.

So what are we up to here at the State? We have been working hard to get all of the sites that have petitioned the DSCA Program certified and prioritized. We have received petitions for 85 sites and have certified 81. We have executed Prioritization Assessment Agreements (PAA) between the State and the petitioner for 70 sites. The PAA is essentially the second step in the DSCA process whereby the petitioner agrees to hire a consultant and submit a proposal for a Prioritization Assessment (PA) to DSCA for our review.

We have worked with petitioners and their consultants to develop numerous work plans and we our project managers are working diligently to get the PA work approved at all of the certified sites. To date, we have approved about $300,000 in work for 14 sites and we have many more proposals to review in house. We have reviewed site data and assigned priority rankings to 13 sites. And, we are now in the process of hiring more project managers so we can get more assessments and cleanup actions done.

If you have any questions about the DSCA Program feel free to call me at 919-733-2801, extension 244 or email me at Lisa.Taber@ncmail.net.

Another important milestone has been reached for DSCA. We have developed the infrastructure (e.g., budgeting, forms and procedures, accounting database) to have checks cut to reimburse petitioners who have incurred costs in excess of their site's deductible. Although we have made only two disbursements and have a handful of other requests for payment in house, we are now fully operational.

Our project managers are also reviewing several claims that were made against the fund by the June 30, 2002 statutory deadline. The law allows DSCA to reimburse reasonable, necessary and documented "past costs" for assessment and cleanup expenditures incurred by petitioners within a specified window of time and sets aside up to 10% of fund revenue to pay these claims. We have reimbursement claims for 13 sites totaling about $2.6 million. Since the statute requires that reimbursement be made to sites on the basis of their priority ranking, we are working with petitioners to get their sites assessed and ranked. Once all 13 sites are ranked, we will reimburse petitioners starting with the highest priority sites.

Lisa Taber is a hydrogeologist and the manager of the DSCA Program.