Document VzrM1wzGp3nLB0B6m0rGkrgq

Continuation of Discussions: TSCA Chemical Data Reporting for Pulping Liquors and Lime April 5, 2018 Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00001 Background and Findings EPA asks for j meeting j [ second meeting - review of ( manufacturing process ( todays \ [ meeting Tim eline first meeting frame issue consideration of options and further evaluation of process operations 1. Continuously recovered and recycled pulping chemicals on site at pulp mills meet the non-isolated intermediate exemption. 2. If any fraction of the black, green and white liquor, calcium carbonate or reburned lime is "isolated" from the process and stored in tanks and vessels for purposes other than those that have a "clear technical relationship to the needs of the overall manufacturing process," then those volumes would be reportable under CDR. (EPA 2016 CDR Fact Sheet on Non-lsolated Intermediates - see slide 6) 3. EPA's affirmation of these determinations would be helpful. Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00002 Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00003 "Non-isolated Intermediate (Nil) Exemption" The CDR rule provides an exemption for "non-isolated intermediate" chemicals. From 40 CFR 704.3 Definitions (7-1-14 edition): Non-isolated intermediate means any intermediate that is not intentionally removed from the equipment in which it is manufactured, including the reaction vessel in which it is manufactured, equipment which is ancillary to the reaction vessel, and any equipment through which the substance passes during a continuous flow process, but not including tanks or other vessels in which the substance is stored after its manufacture." Mechanical or gravity transfer through a closed system is not considered to be intentional removal, but storage or transfer to shipping containers "isolates" the substance by removing it from process equipment in which it is manufactured, (emphasis added). Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00004 "Nil Exemption" continued From 40 CFR 704.3 Definitions (7-1-14 edition): Intermediate m eans any chem ical su bstan ce that is con sum ed , in w hole or in part, in chem ical reactions used for the intentional m anufacture o f other chem ical su bstan ces or m ixtures, or that is intentionally present for the purpose of altering the rates of such chem ical reactions. Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00005 "Holding" between process units does not nullify the Nil exemption? A chemical intermediate held for purposes that have a clear technical relationship to the needs of the overall manufacturing process does not negate the non-isolated status of the chemical. EPA's CDR Fact Sheet on Non-lsolated Intermediates (ERA 2016) states the following: Examples of holding that EPA would generally consider to have a clear technical relationship to the needs of the overall manufacturing process are: holding to accommodate different reaction rates and varying flow rates or transfer times; holding during repair or maintenance of the intermediate's manufacturing equipment; and holding that is necessary for analytical sampling Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00006 Kraft Chemical Recovery & Recycle designed and operated as a continuous process operates 24 hrs/day, 7 days/wk, 350+ days per year associated process equipment is flow-through under normal operation chemical storage outside of the definition of "equipment in which it is manufactured" is not common. Kraft Chemical Recovery & Recycle Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00007 Process Description (continued) wood is pulped in the digester using white liquor (NaOH, Na2S) After the cook, the liquid biomass [black liquor] is separated from the pulp in brownstock washers from where it is continuously concentrated to strong black liquor before being fired in a kraft recovery furnace. Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00008 Process Description (continued) inorganic chem icals (Na2S + Na2C 0 3) are continuously extracted in the form of a "smelt product" by burning the liquid biomass in a recovery furnace. chem icals are then dissolved in w ater to make green liquor which is then continuously pumped to a green liquor clarifier. From the clarifier, the clarified green liquor is continuously sent to a series of causticizers where it is reacted with lime (CaO). Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00009 Process Description (continued) Calcium carbonate (CaC03) is separated and continuously pumped from the bottom of the white liquor clarifier to a washer and then is continuously dewatered dewatered CaC03is fed to the lime kiln(s) Reburned lime (CaO) product is continuously generated from the CaC03. The lime product is continuously withdrawn from the kiln, slaked with water, and returned to causticizing The clarified white liquor product is sent continuously to the digester area to cook the wood. Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00010 Legitimate "storage" would nullify the Nil Exemption To use the Nil exem ption, each mill would have to determ ine w hether isolation of any of these five byproduct stream s occurs under normal operating conditions during the year for reasons other than those noted in EPA 2016 CD R Fact Sh eet on N on-lsolated Interm ediates. (see slide 6) If isolation does occur, the chem icals that are isolated would be subject to CDR reporting. Intentional rem oval from the equipm ent for storage is the key factor for determ ining isolation of chem icals. Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00011 Exhibit 2 .2012 Top Eight industrial Sectors that Processed and Used Reportable Chemicals l - %.{$& 0 :ibivS &>$5 A * Cottovi ut>% From EPA June 2014 Fact Sheet 'tlshri?i ?<;t>?< id u w d < n * h r^iV'ahi-:: irti', 'W :, ly^JftixUtii f fc* `li& jsitfai -:> Sierra Club v. EPA 18cv3472 NDCA Tier 1 ED 002061 00045715-00012