Document 9J8V9okO9DXdR8yKoB3Jq7Vq5

May 16, 2017 Hand Delivered to EPA Ms. Samantha Dravis Assistant Administrator Office of Policy United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460-0001 RE: Completion of PVC MACT Reconsideration, Docket ID No.: EPA-HQ-OAR-2002-0037 Dear Ms. Dravis: The Vinyl Institute (VI)1 and the VI PVC MACT Working Group2 write today to respectfully request that U.S. Environmental Protection Agency (EPA) Administrator Pruitt direct the EPA Office of Air Quality Planning and Standards to prioritize the reconsideration rulemaking for the PVC MACT (National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production, 40 C.F.R. Part 63 Subparts DDDDDD and HHHHHHH). The PVC MACT was finalized in April 2012? In September 2012, EPA granted industry and environmentalist petitions for reconsideration of all emission limits in the final rule, agreeing that the public was not afforded a reasonable opportunity to comment.4 EPA deferred action and industry was forced to proceed with a legal challenge to the PVC MACT when it became apparent that a reconsidered PVC MACT rule would not even be proposed prior to its April 2015 compliance date. The D.C. Circuit held in part that the Court could not review the merits of the challenged limits until EPA completed the 1 The Vinyl Institute (VI), a U.S. trade association founded in 1982, represents vinyl resin, monomer, and additive producers. The VI serves as the collective voice for the vinyl industry, engaging industry stakeholders in shaping the future of the vinyl industry. More information about the Vinyl Institute can be found on our website: www.vinylinfo.org. 2 The VI PVC MACT Working Group includes VI members Formosa Plastics Corporation, U.S.A., Shintech Inc., OxyVinyls LP, westlake Chemicals, Mexichem Specialty Resins, Wacker Chemical Corporation, and Lubrizol Corporation. 3 77 Fed Reg. 22,848 (Apr. 17, 2012). 4 Letter from Gina McCarthy, Assistant Administrator EPA, to Mr. Jean-Cyril Walker, Keller and Heckman LLP (Sept 28, 2012), Docket Document No. EPAHQ-OAR-2002 0037-0564. Vinyl Institute Letters on PVC MACT Reconsideration, Reference Docket ID No.: EPA-HQ-OAR-2002 May 16, 2017 reconsideration of the PVC MACT.5 Thus, a rule which the Agency has admitted must be corrected remains in place until EPA acts.6 It is a manifest injustice that the PVC industry has been forced to adhere to a rule that even EPA admits is flawed. PVC manufacturers spent millions of dollars to comply with limits that will be substantively changed once EPA completes its reconsideration of the rule. The prospect of citizen suits against facilities under this flawed rule adds additional costs. These are in addition to the millions of dollars that the industry has already spent on gathering test data requested by EPA, both before and after the rule was finalized. EPA has had the last group of data in hand for over 15 months. Finally, the emission limits in the final rule effectively preclude the construction of completely new PVC facilities at a time when low-cost and abundant natural gas makes increased domestic manufacture of PVC a fantastic opportunity. The VI appreciates the effort of EPA staff over the course of this rulemaking. VI members have had productive meetings with OAQPS on several occasions since the PVC MACT was finalized. A continual issue raised by OAQPS staff, however, is a lack of resources and conflicting management priorities. We ask that Administrator Pruitt provide OAQPS with the direction and resources necessary to swiftly address industry's petitions for reconsideration. Enclosed with this letter is a compendium of 26 letters from the Vl's PVC MACT Working Group to EPA on this rule. This collection was summarized and provided last November to OAQPS to assist new staff assigned to the rulemaking. The 9 highlighted items are included with this communication as they encompass the most relevant changes suggested by the Working Group. We have asked our members to follow up with your office with additional information on the need for EPA to prioritize the PVC MACT reconsideration. In the interim, please feel free to contact me with questions or for further information. Sincerely, Richard Krock Vice President, Regulatory and Technical Affairs Attachments: VI Letter to OAQPS, November 1, 2016 Highlighted Compendium of Letters to EPA submitted by PVC MACT Working Group Copies of 9 most relevant letters with attachments to EPA submitted by PVC MACT Working Group 5 Mexichem Specialty Resins, Inc. v. Environmental Protection Agency, 787 F.3d 544 (D.C. Cir. 2015). 6 EPA corrected two limits, for area sources, as part of a partial settlement of the industry's challenge of the PVC MACT. 80 Fed. Reg. 5,938 (Feb. 4, 2015). However, an equivalent limit for new major sources remains in effect, as well as numerous other flawed limits for existing and new major and area sources. Page 2 of 2 1747 Pennsylvania Avenue, NW, Suite 825 Washington, D.C. 20006 (202) 765-2287 www.vinylinfo.org www.vinylindesign.com fg The rg Vinyl W Institute November 1,2016 Sent via Electronic Mail Ms. Penny Lassiter Associate Director Sector Policies and Programs Division U.S. EPA - Office of Air Quality Planning and Standards 109 T.W. Alexander Drive Mail Code: E143-01 Research Triangle Park, NC 27711 Lassiter. penny(a)EDa.gov RE: Follow-up to PVC MACT Working Group September 26, 2016 Meeting Dear Ms. Lassiter: Thank you meeting with the Vinyl Institute PVC MACT Working Group.1 Our members appreciated the opportunity to discuss the Environmental Protection Agency's ("EPA") ongoing reconsideration of the PVC MACT final rule emission limits,2 and issues raised in the industry's Petition for Reconsideration and other submissions. As promised, we enclose a compendium of all Working Group submissions for review and consideration by LCDR Jennifer Caparoso, PE, the rule's new Project Lead. We appreciate the entire staffs efforts over the years, and recognize that budget, resource allocation, and rulemaking priorities may be outside your department's control. As stressed at our meeting, however, Working Group members remain highly concerned about the limited staffing and resources available to complete this important rule and intend to communicate this to OAQPS management in the near future. 1 The VI PVC MACT Working Group includes VI members Formosa Plastics Corporation, U.S.A., Shintech Inc., OxyVinyls LP, Westlake Chemicals, Mexichem Specialty Resins, Wacker Chemical Corporation, and Lubrizol Corporation, and industry participants Axiall Corporation. CertainTeed and Daikin, which also were present during the meeting, are not members nor do their comments or statements reflect the views or positions of the VI or the Working Group. 2 National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production, 77 Fed. Reg. 22,848 (April 17, 2012) (Codified at 40 C.F.R. Part63, subparts DDDDDD and HHHHHH. 1747 Pennsylvania Avenue, Suite 82S Washington, DC 20006 (202) 765-2287. Fax (202) 765-2275 www.vinylinfo.org.www.vinylindesign.com VI PVC MACT Working Group Follow Up Letter to September 26, 2016 Meeting November 1, 2016 We are grateful that your team will continue to provide informal implementation guidance and clarifications pending revisions to the rule. You indicated that an Agency guidance on implementing pressure relief device requirements for the other MACT rules could relate to the PVC industry. We would appreciate it if you could share a copy of this guidance document with the PVC MACT Working Group. Based on the constructive discussion at the meeting, we are developing additional clarification/implementation questions we will submit to your team for their informal review and comment at the earliest opportunity. This includes brief comments on the continued viability of the TOHAP approach (as opposed to a HAP by HAP approach) within the context of the PVC MACT rule, and further elaboration of a few issues raised during our meeting. In the interim, please contact me with any questions. Sincerely, Richard P. Krock Vice President, Regulatory and Technical Affairs e-mail: rkrock@vinylinfo.org phone: (202) 765-2287 cell: [0IGM cc: LCDR Jennifer Caparoso, PE, OAQPS Mark Kataoka, OGC Marcia Mia, OC/AB J.C. Walker, Kellerand Heckman Page 2 of 2 The Vinyl Institute, 1747 Pennsylvania Av, Suite 825 Washington, DC 20006 (202) 765-2287* Fax (202) 765-2275 www.vinylinfo.orgwww.vinylindesign.com COMPENDIUM OF SELECT LETTERS FROM VINYL INSTITUTE PVC MACT WORKING GROUP TO EPA RE FINAL RULE (AS AT SEPTEMBER 26, 2016) No. Date T. Subject Content No. of Pages Category PVC Resin Morphology and Oxy (Ron Davis) Resin Stripping and 42 1 July 8, 2011 Jodi Howard Stripping Practices Morphology Presentation delivered to EPA on June 30, 2011 Stripped Resins PVC-Only Facilities to Use for Information and groupings on process 3 2 July 12, 2011 Jodi Howard Process Vent MACT Floor vents Calculations Process Vents Vinyl Institute Recommended 15 technical corrections and citation 4 3 February 27, 2012 Jodi Howard Corrections to Final PVC MACT errors in pre-publication version of rule final rule Petitions of the VI for Keller and Heckman letter -10 102 June 18, 2012 Lisa Jackson Reconsideration and Request Petitions for Reconsideration and to Stay the Rule request to stay rule. Clarifications Petitions 5 April 5, 2013 Clarification on Certain Andrea Siefers Provisions of the PVC MACT 31 clarifications requested with recommendations 28 Clarifications Reconsideration of PVC MACT July 23, 2013 meeting follow up and 160 Petitions 6 August 16, 2013 Andrea Siefers data for recommendations on each petition Supplemental Process Further explanation on 13 month vinyl 3 - letter Wastewater Wastewater Data for 7 October 13, 2013 Andrea Siefers Reconsideration chloride data for WW database Updated VC WW Database Supplemental Information for New source stripped resin limit 29 Reconsideration proposals, new and existing 8 January 15, 2014 Jodi Howard wastewater proposals, new and existing process vent proposals New Source Stripped Resins, New and Existing Wastewawster, New and Existing Process Vents Batch Pre-compliance 9 October 1, 2014 Marcia Mia reporting E-mail responses from Marcia Mia on 3 PVC MACT WG batch pre-compliance reporting questions Clarifications Process WW Information 10 November 11, 2014 Jodi Howard Responses to questions from Jodi Howard on WW stripping 3 - letter Wastewater 1 - attachment COMPENDIUM OF SELECT LETTERS FROM VINYL INSTITUTE PVC MACT WORKING GROUP TO EPA RE FINAL RULE (AS AT SEPTEMBER 26, 2016) No. Date To Subject Content No. of Pages Category Polyvinyl Chloride and 11 November 13, 2014 Copolymers Resins Jodi Howard Definitions and Process Information Revised proposals using input from 5 Oct 27 2014 conference call with EPA to redefine resin types and create latex subcategory Stripped resins Draft Agenda for PVC MACT Discuss facility extensions and review 2 - Letter Agenda, 12 December 11, 2014 Working Group December 15, attached WG draft bypass guidance Jodi Howard 2014 Call 12 - Bypass Guidance Extensions, Clarifications Attachment 13 February 18, 2015 From Marcia Bypass Clarificatitons Mia E-mail response from Marcia Mia to 1 WG questionnaire Clarification Request for PVC Response to EPA Questions on closed- 5 14 March 4, 2015 Jodi Howard MACT Bypass end lines and closure devices posed in February 18, 2015 conference call Clarifications Clarifications Polyvinyl Chloride and Revised resin definitions and new 4 15 March 10, 2015 Jodi Howard Copolymers Resins - Revised latex definition Definitions Clarification on Performance Follow up to March 9, 2015 10 Specifications Required for pH conference call to respond to Steff 16 March 16, 2015 Jodi Howard Calibration Monitoring Johnson concepts on pH meter Equipment calibration frequency Stripped resins CPMS, Process Vents Supplemental Information for E-notation corrections to March 9, 11 WW Limit Reconsideration - 2015 letter; otherwise letter is same. Draft 17 March 17, 2015 Jodi Howard Approaches for WW Limit and Compliance Options - Draft submitted for Conference Call Discussion on March 9, 2015 Wastewater Supplemental Information for Provides detailed information on 39 6 Process Vent 18 March 19, 2015 Jodi Howard Subcategorization control devices operating in the industry and proposes approach for Reconsideration establishing process vent limits Process Vents COMPENDIUM OF SELECT LETTERS FROM VINYL INSTITUTE PVC MACT WORKING GROUP TO EPA RE FINAL RULE (AS AT SEPTEMBER 26, 2016) No. Date To Subject Content No. of Pages Category Clarification Request for PVC Response to EPA Questions posed in 5 19 March 25, 2015 Jodi Howard MACT Bypass March 16, 2015 conference call on bypass guidance Clarifications Revisions to VI PVC MACT E-mail to Jodi Howard with 2 Copolymers Subgroup highlighted changes to make 20 April 4, 2015 Jodi Howard Proposed Definitions, March monomer plural for allowing multiple 10,2015 monomers in definitions Stripped resins PVC and Copolymer Resins Proposed definitions for latex resin 4 21 April 8, 2015 Jodi Howard Revised Definitions and changes to dispersion and copolymer resins Stripped resins Proposed Process Vent 22 April 8, 2015 Jodi Howard Definitions Proposed Approach for Reconsideration of 23 April 9, 2015 Jodi Howard Wastewater Limits and Compliance Options Proposed changes to process vent definitions and subcategorizations Proposed strippable vs. nonstrippable HAPs, Updated WW database, revision of draft proposal submitted on March 9, 2015 4 19 - Letter WW Excel Database Process Vents Wastewater pH Calibration Requirements Keller and Heckman letter - Argues for 10 UnderNESHAP 24 April 27, 2015 Jodi Howard less frequent pH calibrations supported by industry data from 4 devices over 12 weeks CPMS, Process Vents Revised and Additional Adds 1 data point to Table 1 originally 6 Supplemental Information for submitted in March 19, 2015 letter 25 June 4, 2015 Jodi Howard Process Vent Subcategorization Reconsideration Revised Process Vent Proposes criteria and definitions for 3 5 26 December 9, 2015 Jodi Howard Definitions and Subcategories new process vents subcategories Process Vents Process Vents 4849-496S-0233, v, 1