Document MJjb5aXXQkBKr5X6ar9Z3xo9z

joberw c-kcllcr jfffOHC M HECKMAN CHARLe M. MtCHAN WM.UAH n. BOHOHCSani. jA, ROBERT TIERNAR MALCOLM O. MACARTHUR WATtvC V. SLACK martin w. ee*covio JOHN 4 CL0*0 CAROLC C- MARRl HtCHACk F. MOiNONC bARRt 9- SObOMOM john #. ouacch - ^ i V LU JUN 171983 CHRISTINE A HIAOHCN MtRLCT 9. FUJIMOTO RCTER U- lltfCDUl UMRREnCC R, HALPfl'N ocboaan )huo trinker C. OOUOLAI JARRETT COWAAO L.RONWCR HCliA A. MILLAR RUSSELL H. FOX lce m. weincr TIMOTHY MOWN ilene rinoel heller LAW OFFICES KelIer and Heckman 1130 17TM STREET, N. W. SUITE lOOO WASHINGTON, D. C. a003ff ROUTE TO: (303) 457-UOO COPIES TO; _ _ _ Htn 6**t**~r June 14, 1983 FILE: 9 CABLE A' ORC99"KLMAR WRITER'S C AECT DIAL NUMBER f 20 2 ^ 457-1116 To: SPI Vinyl Institute SPI Manufacturing Practices Committee Re: Louisiana Emission Standards for Hazardous Air Pollutants Ladies and Gentlemen: The Air Quality Division of Louisiana's Office of Environmental Affairs has prepared a written response to com ments filed by the Vinyl Institute in April and May, 1983, on the proposed Louisiana Emission Standards for Hazardous Air Pollutants (LESHAP). A copy of the response is enclosed. The regulations are the basis for Louisiana's hazardous air pollutant program previously administered by the Environ mental Protection Agency (EPA). In issuing regulations, Louisiana was required to follow existing EPA regulations. While a state need not follow EPA's precise language, regional EPA personnel were requiring rigid word-for-word adherence in most instances. The flexibility of the state administrators was also limited by several Louisiana state law requirements. Our comments and discussions with the Louisiana staff resulted in a number of improvements to the proposals although not all of our suggestions were adopted. As originally drafted, the proposed regulations spoke of facilities operating under an existing permit. Since vinyl chloride monomer (VCM) and poly vinyl chloride (PVC) facilities operate under the EPA regulation without a specific EPA permit, the VCM/PVC industry was in an uncertain position. Accordingly, Louisiana amended its proposals to cover facilities operating under a regulation without a separate permit system. Another major concern was that Louisiana would require existing facilities to obtain operating permits. Although the staff did not make the wording changes to the regulations we had sought, their response provides an interpretation of the CCR 000021757 \ SPI Mailing June 14, 1983 Page 2 Keller and Heckman regulations which assures continued operation of existing facili ties without going through a permit proceeding. Louisiana's proposed reporting requirements also raised several problems. Due to the wording of Section 76.18, it ap peared that a discharge report would constitute an admission of a violation of the standard. Louisiana's response makes it clear that no such admission will be implied. Other suggestions adopted by Louisiana include the deletion of a requirement that existing sources file an initial report and that monitored emis sions be reported under Section 76.18. Similarly, Louisiana agreed that minor excursions for reactor opening losses and residual vinyl chloride monomer in PVC need not be reported within seven working days under Section 76.18, but may be reported in the quarterly report. We also obtained a clarification that written reports of excess emissions are due within seven working days. Several changes to the emergency discharge section of the standard were offered by the Vinyl Institute. Ultimately, Louisiana adopted the language of the current VCM standard. The state's response does note, however, that the presumptions contained in the defintion of emergency emission apply to both relief value and manual vent valve discharges. This should be helpful and could lead to further efforts to define certain types of discharges as emergencies. Finally, we commented on the handling of confidential information. While the regulations retain the proposed confi dentiality provisions, Louisiana indicates that it is presently using a more stringent control system and plans to publish a statement documenting the procedures that will be used by the Air Quality Division. The Division staff has promised us an opportunity to comment on control procedures prior to publica tion in final form. The efforts of the Manufacturing Practices Committee resulted in substantial improvements over the proposed Louisiana regulations. In addition, participation in this rulemaking provided an opportunity to establish a working relationship and educate the Air Quality Division staff on the particular needs of the VCM/PVC industry. The members who participated in this activity are to be commended for their efforts. 000021753 CCR SPI Mailing June 14, 1983 Page 3 Keuler ajod Heckman If you have any comments or questions, please feel free to contact me. Cordially yours. Peter L. *de la Cru^y^*~ Enclosure CCR 000021759