1. (1) the solvent has a flash point at or above 140° F;
2. (2) the solvent toxicity can be classified as meeting the criteria for a low or moderate toxicity air contaminant as defined under Part 212 of this Title; and

3. (3) the composition of the manufactured solvent has an acceptable batch-to-batch consistency as demonstrated in the laboratory analyses of five independent batch samples.

   (b) Listing publication.

   The list of approved alternative solvents shall be published in the Environmental Notice Bulletin and on the department's website. Proposed changes to this list shall be noticed in the bulletin with a 30 day comment period. Unless significant adverse comments are received by the department, the proposed changes shall then become effective upon publication on the department's website.

   (c) Approval process.

   Any manufacturer of an alternative solvent must submit the following information to the department to request approval of the solvent for use in any dry cleaning equipment used in New York State. After approval, should the chemical formulation of the solvent be modified, the re-formulated alternative solvent must be resubmitted and approved by the department prior to use in New York State. The department will issue all proposed determinations of approval within 90 days of receipt of a complete submission.

4. (1) The Chemical Abstract Service (CAS) number(s) of the alternative solvent and any applicable individual chemical species that may comprise the solvent mixture. For a solvent mixture, the percent contribution of each individual chemical specie, that equals or exceeds 0.1 percent by weight (1000 ppm) of the alternative solvent, must be identified and quantified.
5. (2) The flash point and other physical and chemical properties of the solvent and of all of its components.
6. (3) A characterization of the batch-to-batch uniformity of the solvent’s chemical composition including any Quality Assurance and Quality Control (QA/QC) related product standards and procedures used by the manufacturer to assure its uniformity. At least five laboratory analysis reports must be submitted that quantify the alternative solvent’s full chemical composition and demonstrate that each batch sample meets the approval criteria specified in subdivision (a) of this section.
7. (4) The results of toxicity tests (e.g., acute, subchronic, genotoxicity, etc.) in animals or cell cultures that have been conducted with the product or components as required by Federal Law.
8. (5) Any information on environmental fate (e.g., an atmospheric half life, degradation in water, etc.).

9. (6) Any toxicity and/or exposure information submitted to the U.S. Environmental Protection Agency (EPA) under the Toxics Substance Control Act (TSCA) concerning this product or its components.

   (d) Solvent conformity test.

   After an alternative solvent has been approved for use in New York State, the department may periodically require that the manufacturer retest the solvent to verify that the chemical composition of the approved alternative solvent has not changed.

(a) Approval criteria.

One hundred and eighty days after the effective date of this Subpart, any alternative solvent used in any dry cleaning machine in New York State must be an approved alternative solvent. Approval shall be granted by the department if sufficient information, as described under subdivision (c) of this section, is provided by the solvent manufacturer to demonstrate that the solvent meets the following criteria: