Document DGVooGGYQbkyQkQggJV79vD6Q

9C 1 16J {J1 73) INTER-OFFICE MEMO TENIIECO CHEMICALS, IH ON, P. ANDERSON OCT 3 01978 TO Mr- J. T. Sweeney at Flemington DdAatTee October 30, 1978 From Dr. R. T. Gottesman at Saddle Brook SUBJECT EPA COMPLIANCE ORDER FLEMINGTON PLANT VCM EMISSION STANDARD Copt to SV. P. Anderson (w/o att G. S. Flint M. R. Haymon F. S. Klopp tf If R. H* Marks (w/att.) P. T. O'Brien W. Rupp J. P. Sandstedt I attach a copy of Paul O'Brien's memo to me of October 27 and a copy of the U.S. E.P.A. - Region II Compliance Order requiring the Flemington plant to be in compliance no later than November 20, 1978- If the plant is not in compliance by this data, Tenneco would be required to cease and shut down any part of the plant which emits or may emit VCM emis sions. Essentially, and in simple terms, this would mean a shut down of your plant. As I discussed with you during my visit to Flemington on October 27, it is extremely vital to maintain the high-level activity currently under way to "shake-down" the new pollution control equipment (particularly the water stripper and incinerators) to solve any operating problems encountered, and to develop the necessary data and analyses which can be presented to EPA to show that wc are not only operating all pollution contol equipment but that we are operating within the limits required by VCM NESHAPS. Messrs. Anderson and Sandstedt of my department will be working with you and Engineering to assure that such compliance testing is completed well in advance of the November 20 date. Problems of any consequence that could lead to our failure to achieve compliance by November 20 should be brought to my attention immediately. Thanks In advance for your cooperation. RTG: AS Attachment B08 R. T. Gottesman COLOR!TE 009117 ,nt.-o,p,c. p_ ANDERSOH TEHNECO CHEMICALS, | fj C .0CT 3 0 1978 f To Mr. R. R. Neugold AT Burlington From Dr. R. T. Gottesman AT Saddle Brook SUBJECT EPA COMPLIANCE ORDER BURLINGTON RESIN PLANT VCM EMISSION STANDARD DATE October 30, 1978 Copy to p. Anderson (w/o att G. S. Flint M M. R. Haymon H F. S. Klopp II R. H. Marks (w/att.) P. T. O'Brien W. Rupp J. P. Sandstedt I attach a copy of Paul O'Brien's memo to me of October 27 and a copy of the U-S. E-P.A. ~ Region IX Compliance Order requiring the Burlington plant to be in compliance no later than November 20, 1978. If the plant is not in compliance by this data, Tenneco would be required to cease and shut down any part of the plant which emits or may emit VCM emis sions. Essentially, and in simple terms, this would mean a shut down of your plant. As I discussed with you during my visit to Burlington on October 27, It is extremely vital to maintain the high-level activity currently under way to "shake-down" the new pollution control equipment, complete any tie-ins, and solve any operating problems encountered. Because of the vulnerability at Burlington as a result of having only one incinerator currently installed, you should plan to take the shut down necessary to repair the HC1 leaks as rapidly as possible during this period and bring the incinerator back on stream rapidly. Priority must be given to obtaining the necessary analyses and data points which can be presented to EPA to convince them that not only are we operating all pollution contol equipment, but that we are operating within the limits required by VCM NESHAPS. Messrs. Anderson and Sandstedt of my department will be working with you and Engineering to assure that such compliance testing is completed well in advance of the November 20 date. Problems of any consequence that could lead to our failure to achieve compliance by November 20 should be brought to my attention immediately. Thanks In advance for your cooperation. RTG-.AS Attachment B22 it*--' i:Ui R. T. Gottesman COLORITE 009118 90-2'84 INTER-OFFICE MEMO TENNECO CHEMICALS, INC. To From Subject R.T. Gottesman At Saddle Brook P.T. O'Brien At Saddle Brook VINYL CHLORIDE EMISSION CONTROL REQUIREMENTS W. P. ANDERSQH OCT 2 7 1978 October 27, 1978 W.P. Andersonv/ D.C. CoIdiron F.X. Dwyer J. Fath G.S, Flint M,R. Haymon F.S. Klopp W. Rupp J.P. Sandstedt Attached are two copies of two Orders of the U.S. Environmental Protection Agency requiring compliance by Tenneco Chemicals with 40 CFR 61.60 et.seq. (vinyl chloride emission control requirements of the National Emission Standards for Hazardous Air Pollutants) at our Burlington and Flemington plants no later than November 20, 1978. Please take note that a violation of the enclosed Orders will subject the Company to a civil action for an injunction and penalties pursuant to Section 113 (b) of the Clean Air Act, as amended, 42 U.S.C. 7413 (b). In addition, a knowing violation may subject the Company to criminal liability pursuant to Section 113 (c) of the Clean Air Act. Although the Orders require Tenneco to bring the Burlington and Flemington facilities into final compliance no later than November 20, 1978, we should take immediate action to bring the facilities into compliance in order that any problems which arise during start-up or of which we become aware during the testing process may be solved before November 20. In that regard, appropriate personnel should be immediately advised that, if it has not already been done, all equipment essential to meeting the vinyl chloride standard should be installed and operating as soon as possible. Further, compliance testing should be completed as soon as possible and all results forwarded to John Sandstedt without delay so that he can report the results of such testing to EPA. We should avoid at all cost leaving any unfinished details concerning final compliance until the "eleventh hour". Be assured that if either the Burlington or Flemington facility is not in final compliance by November 20, 1978, Tenneco shall be required to cease operation of any part of such facility which emits or may emit vinyl chloride in violation of 40 CFR 61.60 et.seq. PTO:mn end * Paul O'Brien COLORITE 009119 Sirs: The within is a true copy of a duly executed Order which is on file in the Regional Office of the u.S. Environmental Protection Agency, Region II. Index No--. 9-0102- U.S. ENVIRONMENTAL PROTECTION AGENCY REGION II COLORITE 009120 In the Matter of TENNECO CHEMICALS, INC. (Berlington, New Jersey) WITH NOTICE OF ENTRY ORDER Meyer Scolnick Director Enforcement Division U.S. Environmental Protection Agency Region II 26 Federal Plaza New York, Mew York 10007 (212) 264-1017 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION II --x In the Matter ol ORDER TENNECO CHEMICALS, INC. ' (Burlington, New Jersey) Index No. 90108 FINDINGS 1. Tenneco Chonicals, Inc. ("Tenneco") owns and operates a facility on Beverly Road, Burlington, New Jersey, which produces polyvinyl chloride Said facility is subject to the requirements of Section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412 ("the Act") and the regulatory provisions codified at 40 CFR Part 61, which comprise the National Emission Standards for Hazardous Air Pollutants ("NESHAPS"). 2. NESI LAPS regulations for vinyl chloride were promulgated on October 21, 1976, and are codified at 40 CFR 61.60 ot seg. Tenneco processes vinyl chloride at its Burlington, New Jersey facility, and is there fore subject to the referenced NESHAPS regulations. 3. Pursuant to Section 112(c)(1) of the Act and 40 CFR 61.)1 existing sources which were unable to comply with applicable NESHAPS require ments at the time of their promulgation could obtain a waiver of compliance frexn EPA for a period not exceeding two years from the effective date of the standard involved. In the case of die NESHAPS for vinyl chloride, the two-year waiver period expired on October 21. 1978. COLORITE 009121 2 4. By letter of October 9, 1978, and in the course of subsequent tele phone communications, Tenneco informed EPA that it would not achieve final compliance with the requirements of 40 CFR 561.60 ct seq. by October 21, 1978. Specifically, Tenneco explained that it would not be able to perform the compliance tests required by 40 CFR 561.67 by October 21, 1978. In explanation, Tenneco asserted that unexpected delays in delivery of equipment, had occurred which prevented timely completion of tire required testing. 5. On October 23, 1978, a responsible official of Tenneco informed EPA that the ccmpany had not yet performed emission tests at the Burlington plant as required by 40 CFR 61.67 and was therefore unable to demonstrate final compliance with applicable NESHAPS emission limitation requirements. 6. Therefore, EPA finds Tenneco to be in violation of Section 112 of the Act and 40 CFR 361.67 ORDER Based upon the foregoing, and pursuant to Section 113(a) (3) of the Act, IT IS HEREBY ORDERED THAT: 1. Tenneco shall bring its Burlington, New Jersey facility into final compliance with all requirements of 40 CFR 561.60 et seq. (including the testing requirements of 40 CFR 561.67) as expeditiously as practi cable, and in no event 3ater than November 20, 1978. I 2. Should toe results of tests conducted by Tenneco pursuant to 40 CFR 561.67 and this Order disclose nonccmpliance with the emission COLOR!TE 009122 3 limitation requirements of 40 CFR 61.60 ct seq., Tenneco shall upon November 20, 1978 cease operation of any source at its Burlington, New Jersey facility which emits or may emit vinyl chloride in viola tion of 40 CFR 61.60 et seq,, and shall not resume operation of such source except upon receipt of express written authorization from the Regional Administrator, United States Environmental Protection Agency, Region II. SO ORDERED, EFFECTIVE IMMEDIATELY Dated: New York, New York Regional Administrator U.S. Environmental Protection Agency Region II 26 Federal Plaza New York, New York 10007 COLORITE 009123 Sirs: The within Is a true copy of a duly executed Order which is on file in the Regional Office of the U.S, Environmental Protection Agency, Region II. ' Index No. '1 90105 ~ U.S. ENVIRONMENTAL PROTECTION AGENCY REGION II COLORITE 009124 In the Matter of TENNECO CHEMICALS, INC., (Flemington, New Jersey) WITH NOTICE OF ENTRY ORDER Meyer Scolnick Director Enforcsnent Division U.S. Environmental Protection Agency Region II 26 Federal Plaza New York, New York 100C7 (212) 264-1017 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION II In the Matter of TENNECO CHEMICALS, INC. (Remington, New Jersey) x ORDER Index No. 90105 x FINDINGS 1. Tenneco Chemicals, Inc. ("Tenneco") owns and operates a facility on River Road, Flemington, New Jersey, which produces polyvinyl chloride, ; Said facility is subject to the requirements of Section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412 ("the Act") and the regulatory provisions codified at 40 CFR Part 61, which comprise the National Emission Standards for Hazardous Air Pollutants ("NESHAPS"). 2. NESHAPS regulations for vinyl chloride were promulgated on October 21, 1976, and are codified at 40 CFR 61.60 et seq. Tenneco processes vinyl chloride at its Flemington, New Jersey facility, and is there fore subject to the referenced NESHAPS regulations. 3. Pursuant to Section 112(c)(1) of the Act and 40 CFR 61.11 existing sources which were unable to comply with applicable NESHAPS require ments at the time of their promulgation could obtain a waiver of compliance from EPA for a period not exceeding two years from the effective date of the standard involved. In the case of the NESHAPS for vinyl chloride, the two-year waiver period expired on October 21, 1978.; COLORITE 009125 2 4. By letter of October 9, 1978, and in the course of subsequent tele phone communications, Tenneco informed EPA that it would not achieve final compliance with the requirements of 40 CFR S61.60 et se^. by October 21, 1978. Specifically, Tenneco explained that it would not be able to perform the compliance tests required by 40 CFR 61.67 by October 21, 1978. In explanation, Tenneco asserted that unexpected delays in delivery of equipment had occurred which prevented timely completion of the required testing. 5. On October 23, 1978, a responsible official of Tenneco informed EPA that the company had not yet performed emission tests at the Flemington plant as required by 40 CFR 61.67 and was therefore unable to demonstrate final compliance with applicable NESHAPS emission limitation requirements. 6. Therefore, EPA finds Tenneco to be in violation of Section 112 of the Act and 40 CFR 61.67. ORDER Based upon the foregoing, and pursuant to Section 113(a)(3) of the Act, IT IS HEREBY ORDERED THAT: 1. Tenneco shall bring its Flemington, New Jersey facility into final I j I i | compliance with all requirements of 40 CFR 61.60 et seg. (including th< i testing requirements of 40 CFR 61.67) as expeditiously as practicable; and in no event later than November 20, 1978. 2. Should the results of tests conducted by Tenneco pursuant to 40 CFR 161.67 and this Order disclose noncompliance with the emission COLORITE 009126 3 limitation requirements of 40 CFR 61.60 et se^., Tenneco shall upon November 20, 1978 cease operation of any source at its Flemington, New Jersey facility which emits or may emit vinyl chloride in violation of said emission limitation requirements of 40 CFR 61.60 et seq., and shall not resume operation of such source except upon receipt of express written authorization from the Regional Administrator, United States Environmental Protection Agency, Region II. sn flRDFRFn FFFFrTTVF TMMFHT ftTFI V Regional Administrator U.S. Environmental Protection Agency Region II 26 Federal Plaza New York, Nev; York 10007 COLORITE 009127 GT RALLY j^fcrdkt. 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