Document By40rDYOVy2752XLxknMRkvek

) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ' WASHINGTON. D.C.' 20450 sep ! s;;; "MEMORANDUM Subject:, Enforcement of NESHAPs Vinyl'Chloride-Standard Against Sources That Will Not Meet October 21, T.9787"-m^a ive.if-Deadlih'e: ~ Fron- Director---------------------- - -- -- -- . .7. Division of Stationary Source Enforcement To: Enforcement Division Directors Regions I-Yl, IX Several Regions have asked for guidance regarding enforcement options for vinyl chloride sources under waivers of compliance which f = il to achieve compliance with any vinyl chloride standard (40 CFR 61.60 et seq.) by the waiver deadline, October 21, 1978. A number of sources have indicated that they will not achieve compliance by that date. The reasons that are given for the inability to come into timely compliance include labor shortages, equipment delivery delays and engineering errors. Each Regional office should immediately identify those vinyl chloride sources that will or may not meet the deadline for compliance. As necessary, requests for information should be sent and/or inspections performed pursuant to Section 111 for every facility currently on a waiver to determine which sources will not meet the October 21, 1973, deadline. Section 112(c)(1)(B)(ii) of the Act authorizes the' Administrator to permit an existing source a period of up to two years after the effective date of a standard to comply with that standard. In the case of vinyl chloride sources, the standards were promulgated on October 21, 1976, and most existing sources sought and were granted waivers which expire on or before October 21, 1978. Administrative extensions of the period are not permitted by either the Act or Agency policy (subject to option 2 below). COLORITE 009251  There are three available options for enforcement of the vinyl chloride standards against sources which fail to neat, standards by- the waiver deadline;- "- , (1) Initiation of a criminal action pursuant to Section ;'IId (~g) ==f the~Act _f or ~a knowing~ v iolation of' the'-fn^standards-jand- ws-i-ver. - Pursuit of a-c rimTna 1. - conv ictioh'rTs '" par trie ularly-appropr rate in the instance of failure to b c-ompLylwib-h-^af NESHAP,-. wafvet'cif_ con.pl ianca, -be pa up e t h e ~ sojjrce^hasd-ac tual"knowledge^ofjboth the standards `and the prphafii-t'ijOlviagaansb-operqbiprL^unless-:itr comp 1 lance.7_- Vicrla- _ - iGj~o^-r t^diitrerient stde-saghecFbo' prptec th.ag a ins fife r iousi h-en'.aJi-haa l_th_-e seta ji ncreases in mortality, or serious,..:,' irreversible or incapacitating reversible illness), is a significant matter, and regional offices are expected to tullv consider this option in all cm. sea. (2) Issuance of a Section .113 (a) acini ni. i v e o rd a r requiring imaeaiate compliance (-.;ithin 30 d^y j. s s u - n c a bus no later than to'.a rb;r 20, 1973). Such, o should only be issued where the regional office is assured that the source can, and v/i 11, comply within the order's time frame. Violations of such orders will be held to the highest scrutiny for appropriate pursuit of criminal convic tions, and in any case where a criminal case is not deemed appropriate, a request for initiation of a civil action will be reauired. (3) Referral of a request for initiation of a civil action pursuant to Section 113(b) of the Act seeking immedi ate compliance at the violating emission point(s) through a temporary restraining order and preliminary injunction, and maximum penalties^ Due to the time frame involved, referral processing within the Office of Enforcement will be expedited. Please contact Doug Farnsworth (FTS 755-2570) to discuss the details of any cases in preparation. -'-This Division will .assist -in. -any manner- necessary to assure^ tha_t. timely, ^appropriate , and adequa te action will be taken with regard to these' violations-.- " if ~ ' 1 "7 Edward, E. Reich cc: Angus MacDeth, Chief Pollution Control Section Department of Justice COLOR!TE 009252