Document 2qE0VR3z0Eqxq6Z4d2EroyDvb

^ 0'iMO^O BlCHiqo u rAiqBANKS,W ALBERT J. Bcvcmocc.zn CARY M, i 5 c A.Jawcs BarncS MAOOLD HIUMCIMAN C MOlS tOpMCB kcvin m. rotEy JONATHAN Z-CANNON CANDARftEvWi5 EA.M.p1a5HtrKIiWzia JR, SCOTT W, BOWEN Beveridge. Fairbanks & Diamond Ong Farragut Souare South Washington. D C. 50006 TCU^MONE (202) 63B-7800 January 30, 1978 CAL CABOLCr O*" counsel cable address 'iNDLAw" BY HAND Rich Biondi Enforcement Environmental Protection Agency 401 M Street, S.W. Room 3203 . Washington, D,C. 20460 Dear Mr. Biondi : Per your request, I am writing to summarize the telephone discussions this office has had with you on January 23 and January 25, 1978, relating to the develop ment of EPA's policy for enforcement of the national emission standard for vinyl chloride. You indicated that EPA will be testing all vinyl chloride sources upon expiration of their waivers. Inspec tions will be conducted in turn, the timing depending on regional priorities and analyses of the reports of incrimental progress furnished by companies pursuant to waiver conditions. As a matter of policy you expect that inspection will be preceded by notice to the affected companies. We understand that EPA interprets the Clean Air Amend ments of 1977 as generally requiring enforcement of hazard ous emission standards by civil action under Section 113(b) of the Clean Air Act, without prior issuance of notices of violation or administrative compliance orders as authorized in Section 113(a). The agency at this time apparently has no particular policy regarding whether to seek an injunction, fine or both under Section 113, and will decide which remedies are appropriate on a case by case basis. You advised that no formal guidelines have been issued to regional administrators instructing them on EPA policy for post waiver enforcement of the vinyl chloride standard, nor do you anticipate at this time that there will be any formal guidelines. However, various memoranda have been sent by EPA in Washington to the regions discussing the impact of the 1977 Amendments; none of the memoranda apparently are directed to Section 112 issues specifically. COLORITE 019328 i_>(.*lhiuuL, FAIRBANKS C* UIAMOND Rich Biondi January 30, 1978 Page 2 You further advised that EPA has no current plans to begin utilizing Section 120 of the Clean Air Act, which authorizes noncompliance penalties as of 1979 to promote compliance with Section 112. Finally, you stated that you were unaware of any state having EPA-approved authority to enforce the vinyl chloride standard. Per our understanding, I will try to reach you by telephone on Wednesday to confirm that I have correctly in terpreted, your comments, because, as I mentioned, I will be forwarding them on to the Society for the Plastics Industry. Thank you for your continued cooperation. Sincerely yours, `1 Harold Himmelman COIiORXTE 019329 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 OFFICE OF ENFORCEMENT Harold Himmelman Beveridge, Fairbanks > Diamond One Farragut Square South Washington, D.C. 20006 Dear Mr. Himmelman: I have received your letter of January 30, 1978, discussing several aspects of EPA's policy for enforcement of the national emission standard for vinyl chloride. In order to provide a more accurate view of our enforcement policy, I would like to clarify several statements made in your letter. In paragraph 2 you state that as a matter of policy inspec tions will be preceded by notice to the affected companies. Such notice is not required to be given and therefore should not be considered a matter of policy, although in most cases notice is generally provided. Paragraph 3 states that EPA has no particular policy regard ing what type of action to seek under Section 113 and will decide this on a case by case basis. At this point, it appears likely that EPA will develop a policy requiring both a fine and an in junction for enforcement of the hazardous pollutant emission standards. With respect to noncompliance penalties, discussed in paragraph 1 on page 2, the Act requires that after 1979 noncompliance penalties be assessed and collected from sources in violation of an emission standard established under Section 112 - of the Act. Finally, we have recently delegated the authority for en forcement of the vinyl chloride standards to the South Coast Air Quality Management District in California and to the Clark County District Health Department in Nevada. We expect that additional States and local agencies will be requesting this authority in the near future. COXORXTE 019330 If you have any further questions, please feel free to contact me. Sincerely yours, Richard Biondi Division of Stationary Source Enforcement COLORITE 019331 m l^nn^co Coi'npaf'y " In.mE OF PAYEE fj m\ RE** OF PAYEE Cr t`^ * K,>-` .^U * 1 M-- *?> ^5c>< Acr7______________________ CtY HP CODE I f&h? * 4, ^ /--' J Deliver Check To: Nome O'? Location CHECK REUUfci'V date .. ^y^-vvr-x APPROVALS ORIGINATOR DEPARTMENT HEAD OFFICER TREASURER'S DEPARTMENT Deportment Whe EXPLANATION CODING Dlv. Loc. D.P. C.C. Account euj57iw.Tte-ij \C r--' - U'-t tOtCATO^ : VLcHit-L TO-' ..... sot. mo. *- COMMODITY CODE AMOUNT Dollor* Cent* _...<<. UU--| AMOUNT OF CHECK (WRITE) S PAYEE OR vendor number fcw' M 1 i VOUCHER NUMBER ^ GROSS AMOUNT DISCOUNT (IF ANY) <CO iv'u CHECK AMOUNT ?c Xl-J 90- 2053 1-74 COLORITE 019332