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7/2U Copies to VI Health ' 'ety and Environment Committee VI Legal Ci. _.ittee
FOR YOUR INFORMATION
JOSCRM C. KCLLCR JCAOMC H HICKMAN CMANLCI M MKCHAN WILLIAM H. BOMHCSANI. JR MALCOLM O. MaCARTHUR
WAYNt V BLACK MARTIN W CACOVICI JOHN S. CLORCO CAROL* C HARRIS MICHACL r MORRONC
mark fox cvcns JOHN S. OUSCCK RCTCR L. BC la CRUX CHRISTINE A. MCAOHCR SHIRLCV S. FUJIMOTO lawrcncc m. halRR'm RALRN A. SIMMONS RCTCR A. tUMCN COWARO L. KORWCK
TCRACMCC 0. JONCS MART MARTHA MCNAMARA JOHN %. RICHAROS* C OOUOLAS JARRCTT SMCILA A. MILLAR BUSSKLL H. FOX J AN M. WAMSTCO
SUSAN T. CONTI SUSAN J BLUM PATRICK J HURO** S CRAIO TAUTFCST OAVIO H. JCTT MAURCCN A. O'CONNI KARCN C. CDCLBCRO* MINA M. SINSTCIN*** BRIAN O. AONOON~* MARK A. SICVCM***
AOMITTCO IN RCNNSTLVANIA ONLY ADMITTED IN VlROINIA ONLY AOMITTCO IN MARYLANO ONLY
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Keller and Heckman
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July 17, 1987
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R.T. Gottesman
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156-5641
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Richard Roos-Collins, Esq. U.S. Environmental Protection Agency Office of the General Counsel Room 529 401 M Street, S.W. Washington, D.C. 20460
Re: The Society of the Plastics Industry v. EPA,
jD.C. Cir. No. 86-1640; 1986 Amendments to the
Vinyl Chloride Standard
Dear Mr. Roos-Collins:
The suggested revisions to the vinyl chloride NESHAP, attached to your letter of June 3, 1987 were circulated among members of the Vinyl Institute, a division of The Society of the Plastics Industry, Inc. (SPI). We believe that this docu ment can serve as the basis for a settlement agreement. While we have several recommendations that clarify the language to better express the principles underlying the revisions, this should not delay the drafting of appropriate settlement docu ments or court pleadings.
We understand that the procedural framework for settlement will be the same as that outlined at our May 5, 1987 meeting. While EPA cannot agree to promulgcte any particular revisions to the standard, SPI would agree to dismiss the above-captioned action if EPA initiates a rulemaking and if the adopted revisions to the vinyl chloride standard are substantially equivalent to those upon which we have based settlement.
SPI-07844
Richard Roos-Collins, Esq. July 17, 1987 Page 2
Keller and Heckman
On July 17, 1987, I spoke with Steve Samuels concerning
the development of the settlement agreement. He did not consider a meeting necessary at this point. Rather, he will draft the necessary documents over the next few weeks so that we can review them in early August.
Suggested points of clarification follow.
1. Pump Seal Monitoring Method -- The reference in Section 61.242-2(d)(4)(i) should be changed from 61.245(d) to 61.245. The purpose of the citationn is to cross-reference
the appropriate method for monitoring liquid dripping from pump seals. We believe that EPA intended to refer to the provisions concerning Reference Method 21 found in subsection (b) rather than ASTM Method D-2267 in subsection 2(d). In any event, the broader reference would prove more helpful in indicating the various test methods and procedures applicable to this situation.
2. Section 61.242-2(d) (6) -- During the course of the negotiations, we have been uncertain as to the scope and meaning of this subsection. Upon further reflection, it appears that external leaks, that is leaks from pump seals, are regulated under subsection 4 of this provision while subsection 6 should apply to sensor and internal seal failures. We believe less confusion would exist if references to drips from pump seals were deleted from section 6. The language of subsection 6(i) and (ii) might be changed as follows.
(i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the sensor that indicates failure of the seal system, the barrier fluid system, or both.
(ii) If the sensor system, the barrier criteria determined detected.
indicates failure of this seal fluid system, or both, based on in paragraph (6)(i), a leak is
the
The concern with external drips from pump seals presents different issues than seal failure and internal sensor readings. Since external drips are covered under subsection 4, the references to drips in section 6 should be deleted.
SPI-07845