Document b5ZLynBppedn6ZjmLwmk51Kgo

HENRY L. OIAMONC RICHARD M. FAIRBANKS. HI ALBERT J. BEVERIDGE. IH GARY p, baiSE A.JAMES BARNES HAROLD HIMMELMAN CHRISTOPHER H. BUCKLEY, JR. JONATHAN Z. CANNON ANDREW E.MISHKIN CHARLES A. PATRIZIA SCOTT w. BOWEN CATHERINE M. OUNLAP CYNTHIA A. LEWIS KARL S. BOURDEAU JOHN N. HANSON LAW OmCES Beveridge, Fairbanks & Diamond '333 New Hampshire Avenue, N. W. Washington, D. C. 2003s TELEPHONE 202; 823-0200 writer's direct oial number 828-0240 June 26, 1979 CARL EARDLEY OF COUNSEL CABLE ADDRESS "iNDLAW " TELECOPIER ,'202) 32S-023A Joseph E. Hadley, Esq. Keller & Heckman S uite 1000 1150 17th Street, N.W. Washington, DC 20036 Re: EDF Compromise Proposal Dear Joe: Pursuant to instructions from the Polyvinyl Chloride Safety Group (Group) at our last meeting in New York on March 30, 1979, I arranged a meeting with Counsel for EDF to determine with greater specificity what EDF was proposing for SPI's consideration. Counsel for EDF started the meeting by saying his organization would like to meet jointly with SPI and EPA and reach a comprimise. If a compromise was reached, EPA could be persuaded, according to EDF, to withdraw the existing amendment to the National Emission Standard for Vinyl Chloride issued on June 7, 1977 and propose and promulgate the new amendment as represented by the compromise. EDF's proposed compromise includes three points, and they are: 1. Reduce fugitive emissions by at least 50 percent. Our members would agree to identify the potential sources of fugitive emissions, install fixed monitors to confirm the sources, then establish a program and implement it to reduce the emissions as quickly as possible; 2. Adopt a program to reduce the number of upset conditions which lead to possible high short-term emission levels; and 3. Acceptance of the trade-off or offset policy for Section 112. EDF wants the emissions to never exceed what they are now. Each time a facility is expanded the combined emissions from the plant SPl-08933 Beveridge. Fairbanks & Diamond Joseph E. Hadley, Esq. June 26, 1979 Page 2 and its expansion would not be allowed to exceed those being emitted before construction was initiated. I advised Counsel that I would forward his proposals in writing to our Chairman and you and would get back to him as soon as we had a decision. I also suggested that I thought it would be difficult for the Group to accept proposal #3 and he replied that EDF had invested a lot of time and effort in trying to establish precedents in the Vinyl Chloride case and was still willing to litigate the issues if some kind of agreement could not be reached. Further EDF Counsel indicated his lack of satisfaction on the progress and substance in the proposed airborne carcinogen policy presently being developed by the staff at Research Triangle Park. Because of this dis satisfaction and if this compromise effort fails, EDF will litigate the Vinyl Chloride or Arsenic Standards to achieve its long sought goals and policies according to Counsel. For information purposes only I am including a copy of page 33334 of the June 8, 1979 Federal Register. The enclosure is self-explanatory, but as I told you on the telephone Susan Wyatt advised that EPA would move to regulate EDC, Perchloroeythlene Acrilonitrile and coke oven emissions under Section 112 as soon as the airborne carcinogen policy is set. These substances are in addition to those listed in the Federal Register. If you have any questions, please advise. Cordially, GHB:j rn Enclosure Gary H._ Ba'ise SPI-08934 DRAFT - 9/12/79 SURVEY RESULTS Average Residual Monomer Levels For Suspension Resins After Stripping Homopolymer High Molecular Weight Current Range Average Future Range Average Low Molecular Weight Current Range Average Future Range Average Copolymer More than 10% Comonomer Current Range Average Future Range Average Less than 10% Comonomer Current Range Average Future Range Average 550-100 ppm 237 ppm 550-50 ppm 241 ppm 382--1 ppm 167 ppm 382-- < 1 ppm 135 ppm 350-300 ppm 333 ppm 350-200 ppm 300 ppm 400-213 ppm 320 ppm 346-213 ppm 286 ppm SPI-08935