Document bqB7LnyxLQoZ0NvB7gKKO3jy

From the Desk of PHILIP TREW Environmental Control Ji: R. D. Cahhoh P. FYT . /* M-e SPJT ]/i Cot^ee-rr* >/Og LA. FSHfr? Re,JAiv**$. Ttesc Conneds UJCrc. jOreSAtltJ -f* //<. U. DVA or 3/30/03. r m',// /feep ^y*ouc f fief - Co^/ie^rls t j-l\< D//A5" /i[ ifit* / RECEIVED MAR 31 1983 Environmental Affairs SL 105412 The Society of the Plastics Industry, Inc. 355 Lexington Ave New York. New York 10017 (212) 573-9400 March 28, 1983 Mr. B. Jim Porter Assistant Secretary Office of Environmental Affairs Department of Natural Resources P. 0. Box 44066 Baton Rouge, Louisiana 70804 Re: Comments on Proposed Emission Standards for Hazardous Air Pollutants Dear Mr. Porter: The Society of the Plastics Industry, Inc. ("SPI" or the "Society") appreciates this opportunity to comment on the proposed emission standards for hazardous air pollutants (ESHAP) currently under consideration by the Office of Environmental Affairs (OEA). By way of background, SPI represents 1,200 mem ber companies and is the major national trade association of the plastics industry. Its membership represents over 95% of the production and about 75% of the sales of plastics materials in the United States. SPI is organized into approximately 50 operating units. These comments represent the efforts of SPI's Vinyl Institute. The Vinyl Institute (formerly the PVC Safety Group) has been actively involved in the United States Environmental Protection Agency's (EPA) regulation of ethylene dichloride SL 105413 2 (EDC), vinyl chloride monomer (VCM) and polyvinyl chloride (PVC) under the Clean Air Act. The Institute's historical involvement and that of its members has provided the foundation for these comments. Our comments are presented by proposed section numbers. To facilitate your review, we have enclosed a copy of the pro posed regulations showing the additions and deletions we recom mend. The VCM/PVC industry has invested heavily and worked diligently to limit emissions. The industry has attained an _ excellent record in this regard. According to a report prepared by TRW, Inc. for EPA, emissions from a typical PVC plant are 66% less than the amount of emissions allowed under the existing standard. Similarly, emissions from a typical EDC/VCM plant are 56% less than that allowed under the standard. "Vinyl Chlor ide--A Review of National Emission Standards," Tables 4-3 and 4-4 at pages 4-5 and 4-6 (February 1982) (EPA-450/3-82-003). In our view, actual emissions are probably even less than these figures suggest. EPA established the emission limitations contained in the vinyl chloride standard to "minimize the risk to the public health." 40 Fed. Reg. 59,535 Col. 3 (Dec. 24, 1975). By limit ing typical emissions even more stringently than required, the industry has provided an additional margin of safety to ensure that in those instances where a discharge results from a malfunc- SL 105414 3 tion, emergency or other similar cause, it will not endanger the public health or welfare. A. ESHAP GENERAL PROVISIONS Section 76.2 Definitions a. "Emergency Emission" The term "emergency emission" includes discharges that are in excess of those allowed by permit, license, variance or compliance schedule. Air emissions from EDO, VCM and PVC facili ties are limited directly by regulation rather than by a permit or license. Therefore, proposed section 76.2 should include the term "regulation." We agree that "an unauthorized act or omission of an employee" resulting in a discharge should be presumed to be an emergency emission. In our view, unauthorized acts or omis sions should be considered "outside the scope of employment." Thus, this phrase is superfluous and should be deleted from subsection (4). Excess emissions resulting from a "sudden and unavoid able failure of air pollution control equipment, or process equipment, or of a process to operate in a normal or usual man ner," should also be presumed to be an emergency emission. Such an event is a "malfunction" as defined by proposed section 4.125 "Malfunction" should be added to the list of events presumed to constitute an "emergency emission." SL 105415 4 Under the proposed emission standard for vinyl chloride (Subpart B), emergency manual vent valve discharges and emer gency relief valve discharges are permitted. See proposed sec tions 77.5(a)(3) and 77.6(a). Such discharges would not be "emergency emissions" as defined in proposed section 76.2 be cause they are not "in excess" of that allowed. We note, how ever, that the events which create a presumption of "emergency" conditions for unauthorized emissions apply with equal force to relief valve and manual vent valve discharges. As a matter of policy, the same presumptions should apply in determining whether relief valve and manual vent valve discharges are emergency discharges. Corrective language is suggested. b. "Modification" The phrase "by such source of which results" should be changed to "by such source or which results." This was a typo graphical error. Section 76.7 Construction Permits Section 76.7 addresses permits for the construction of new sources or the modification of existing sources. For clar ity, the penultimate sentence in proposed section 76.7(a) should be deleted because it addresses the permitting of existing sources. Such concerns should be moved to section 76.8 which deals with existing source authorization. SL 105416 Under the Louisiana Air Control Law, La. Stat. Ann. 1089C, applicants seeking a construction permit must submit "evidence that the facility has no violation of a hazardous air pollutant emission outstanding at the time of application . . . We suggest that the term "facility" be inserted in proposed section 76.7(b)(4) to make it consistent with the statutory language. Subsection 76.7(b)(5) has no basis in the statutory plan. The information required by subsection (b)(4) will pro vide all the information on violations needed by OEA and required by the Louisiana Air Control Law. Moreover, subsection (5) is largely redundant. Therefore, subsection (5) should be deleted. If not deleted, it should be amended to refer to the facility's outstanding violations of an applicable hazardous air pollutant standard. Section 76.8 Existing Source Authorization The wording of proposed section 76.8 needs to be clari fied and made consistent with state law. The Louisiana Environ mental Affairs Act, La. Stat. Ann. S 1071, mandates that all presently valid authorizations "granted by the agency having prior jurisdiction over any activity covered by this Chapter shall continue in effect according to their present terms and conditions unless revoked for cause." We note that "this Chap ter" covers activities under the Louisiana Air Control Law. 105417 6 In keeping with section 1071, proposed section 76.8 should state clearly that sources operating under a federal National Emission Standard for Hazardous Air Pollutants (NESHAP) regulation can continue to operate without further authoriza tion. The language of proposed section 76.8(b) directly contra venes the legislative mandate contained in section 1071. To the extent that the proposed regulations seek the submission of information on potential violations predating Louisiana's imple mentation of a NESHAPS program, the request is unwarranted. _ Rather than require submission of information likely to prove irrelevant, we suggest that sources be required to submit the information required under section 76.11. This should provide the state with an inventory of existing NESHAPS facilities, although EPA should provide this information to the state in a readily usable form. Questions concerning prior violations involve the source and EPA. It is true that if the state is investigating a new violation, information on past enforcement activity might be pertinent. If so, at that time the state could request the information from EPA or the source. We hope, however, that EPA will provide all this information to the state during the transi tion period. Suggested language for an amended section 76.8(b) is provided. SL 105418 7 Section 76.13 Emission Tests and Monitoring Proposed section 76.13 refers to the "verification of allowable emissions." Emission testing measures actual, not "allowable," emissions. Measurements of actual emissions are then correlated with allowable emissions to assess compliance. We suggest that the term "allowable" be deleted as technically incorrect and potentially misleading. This would not be a sub stantive change. Section 76.15 Source Test and Analytical Methods Section 76.15 requires the use of specified methods unless the Assistant Secretary approves an equivalent or alternate method. In keeping with section 1071 of the Louisiana Environmental Affairs Act and our comments on proposed section 76.7, proposed section 76.15(a) should be amended to recognize equivalent or alternate methods previously approved by EPA. Rudimentary concepts of due process in administrative proceedings require that the Assistant Secretary notify a source before withdrawing approval of an alternate or equivalent method. Section 76.15(b) should be modified to acknowledge that with drawal of approval will occur only after notice to the source and a reasonable time to comment. SL 105419 8 Section 76.18 Discharge Reporting Requirements Section 76.18 requires a source to report a discharge in excess of allowable emissions rates. The source must report the discharge "immediately" by telephone and provide a written report within seven days. Several changes should be made. (1) While proposed section 76.18 refers to excess emissions, it is used by reference as the reporting requirement for allowable emis sions under the vinyl chloride standard. See proposed sections 77.5(a)(3) (emergency manual vent valve discharge) and 77.6(a) (emergency relief valve discharge). SPI is very concerned that reporting under proposed section 76.18 will be misinterpreted as an acknowledgement of a discharge in violation of the vinyl standard. This concern, although very significant, can be easily remedied by inserting the phrase "As otherwise required" at the beginning of proposed section 76.18. Adding this phrase will not change the intent or substance of the proposal. (2) The wording of proposed section 76.18 assumes that NESHAPs sources operate under a permit or compliance schedule. The VCM/PVC industry operates directly under the vinyl chlor SL 105420 9 ide standard without a permit for daily operat ions. To correct this oversight, the term "regu lation" should be added to proposed section 76.18 to cover sources operating under Louisiana's (formerly EPA's) VC standard. (3) To clarify the method of calculating the time period in which sources must submit the follow-up written report, we suggest that the term "working days" be used. (4) The grammatical structure of section 76.18 can be enhanced by dividing the long sen tence which comprises the section into two sen tences. This division is shown in the attached compilation of changes. (5) As written, proposed section 76.18 requires that any exceedance, no matter how small, be reported. During the public hearings on the proposed regulations, OEA officials stated that the Agency did not intend to require sources to report de minimis exceedances. For example, if a standard limited emissions to 10 parts per million (ppm) for a specific substance, and actual emissions were 11 ppm for a temporary period, OEA officials stated that this was not to be reported under section 76.18. SL 105421 10 For purposes of clarification, OEA should issue an interpretive letter stating that de minimis exceedances are not discharges "in ex cess of that allowed" under section 76.18. By "de minimis" we mean excess emissions which would not have an appreciable impact on ambient air quality. B. EMISSION STANDARD FOR VINYL CHLORIDE Section 77.2 Definitions Under the vinyl chloride standard, emergency relief valve and manual vent valve discharges are permitted when they could not be avoided by taking "measures to prevent the dis charge." This provision could be improved by defining the term "measures." We suggest that the term be defined as "an adequate combination of design, procedure and equipment to limit dis charges which is approved by the Assistant Secretary." While section 76.2 defines "emergency emission," it does not encompass "emergency discharges" under sections 77.5(a)(3) and 77.6(a) because emergency discharges are not "in excess of that allowed." In addition, one provision refers to "emission" and the other to "discharge." To provide a needed cross-reference, we suggest that a definition of "emergency discharge" be added to indicate that a determination of whether 105422 St* 11 a relief valve or manual vent valve discharge is an emergency discharge should include consideration of the presumptions listed in section 76.2. Section 77.6(b) Fugitive Emission Sources Section 77.6(b) regulates fugitive emissions (leaks) in EDC, VCM and PVC facilities. While the proposed section follows corresponding language in the federal standard, the presence of Louisiana's reporting requirements under proposed section 76.18 creates an ambiguity. To resolve this, we recommend that a new provision be added distinguishing reporting under the general provisions of section 76.18 from the leak detection requirements of section 77.6(b). Section 77.7 Equivalent Equipment and Procedures Section 77.7 authorizes the Assistant Secretary to ap prove the use of equipment or procedures which have been demon strated to be equivalent in terms of reducing vinyl chloride emissions to the atmosphere. In keeping with section 1071 of the Louisiana Environmental Affairs Act, this section should be modified to endorse an equivalency approved by EPA prior to the effective date of these regulations. Suggested language is shown in the attachment. 12 Section 77.8 Annual Emission Tests Proposed section 77.8 requires that sources conduct annual tests of emissions. The obvious purpose of the require ment is to ensure that pollution control equipment is properly operating and that actual emissions do not exceed allowable emissions. The requirement of annual testing may be redundant where specific regulatory provisions require continuous monitor ing of emissions. To compensate for this redundancy, we suggest the addition of language to section 77.8(b)(g) that a source from which emissions are monitored and reported pursuant to proposed sections 77.9 and 77.11 not be required to conduct an annual emission test provided that such emission tests shall be or have been successfully completed once and may be required following construction or modification. Section 77.9 Emission Monitoring Proposed section 77.9 requires monitoring systems for certain emission sources. As noted previously in conjunction with other provisions, the reporting requirements contained in 76.18 introduce a potentially confusing factor not found in the structure of the federal regulations. To clarify reporting requirements for emission monitoring, which are reported in the semiannual report, a sentence should be added to section 77.9 (a) noting that such monitored emissions are not reportable SL 105424 under section 76.18. This will obviate the need for duplica tive reporting. Section 77.10 Initial Report Section 77.10 provides that sources submit an initial report. This section is drawn from the federal standard. Unlike the situation which existed when the federal rule was drafted, Louisiana is taking control of an existing regulatory system. Vinyl chloride NESHAP facilities have previously submitted an initial report that is available to the State from EPA. There fore, we recommend that subsection 77.10(a) be modified to make it clear that the requirement of filing an initial report appli s to facilities with an initial startup date after the effective date of these proposed regulations. As proposed and as suggested in these comments, existing sources should be required to file an informational report with the state pursuant to proposed section 76.11. The filing of this report obviates the need for a duplicative requirement in 77.10(b)(1). Because the state would have no interest in receiv ing information beyond that required by section 76.11 and in light of the statutory intent underlying the continued operation of existing sources, we recommend that the subsection be de leted . SL 105425 14 Section 77.11 Semiannual Report Proposed section 77.11 requires sources to file a semi annual report providing significant information on emissions. Due to the restructuring of the federal standard by the state, and as noted for other reporting requirements, duplicative report ing might be required by section 76.18. We recommend that a sentence be added to section 77.11(a) indicating that emissions reported in the semiannual report need not also be reported under section 76.18. C. GENERAL AIR QUALITY REGULATION ROLES Section 6.1.7 Confidential Information Our concern with the confidentiality provision stems more from a desire to clarify its operation than from opposi tion to the proposal as drafted. To this end, we would appre ciate an interpretive statement that the stamping of materials as "confidential" constitutes a written request that the mate rials not be disclosed to the public. In addition, the Office of Environmental Affairs (OEA) should confirm that it will notify the submitter, prior to release, of its decision not to treat appropriately marked material as confidential. We do not believe that OEA should burden itself with providing written determinations regarding disclosure when re quests for confidentiality will be honored. SL 1q5426 15 We are interested in the practices that OEA employs to maintain the confidentiality of materials. Since the proposed regulations permit confidential information to be maintained in the same files with nonconfidential information, we are con cerned that members of the public may be granted access to the files when the press of business prevents state employees from bringing the individual folders of material in the file to the requesting individual. D. COHCLOSION SPI appreciates this opportunity to comment on the Louisiana proposals. We believe that our suggestions are consis tent with the intent of the Louisiana legislature and the Clean Air Act. As you may be aware, the United States Environmental Protection Agency is presently reviewing the vinyl chloride standard for possible modification. Both SPI and EPA have been actively reviewing potential administrative changes to the cur rent standard to improve and clarify its operation. Pertinent correspondence and materials on this federal review proceeding are enclosed for background information. By keeping the Office SL 105427 16 of Environmental Affairs apprised of EPA activities in this regard, we hope to develop the best possible standard. Cordially yours. Of Counsel: Jerome H. Heckman Peter L. de la Cruz Keller and Heckman 1150 17th Street, N.W. Washington, D.C. 20036 (202) 457-1110 G. R. Hunger, President THE SOCIETY OF THE PLASTICS INDUSTRY, INC. SL 105428 SUGGESTED CHANGES TO THE PROPOSED LOUISIANA EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS [Underlining indicates addition; versteike denotes deletion.] 76.2 Definitions. The terms used in this part are defined in Section 4.0 of these regulations with the exception of those terms specifically defined in the subparts or herein as follows: "Emergency emission" is the discharge into the atmos phere of Louisiana of a hazardous air pollutant the rate of which is in excess of that allowed by regula tion , permit or license and which could not have been avoided by taking measures to prevent the discharge. The emission of a hazardous air pollutant for a stationary source in excess of that allowed by regulation, permit, variance, or compliance schedule and which is caused solely by: 1) An act of God; or 2) An act of war; or 3) An act of sabotage; or 4) An unauthorized act or omission of an employee efeside the scope of his empioymente; or SL 105429 2 5) An unauthorized act or omission of a third party who is not an agent or contractor of the owner or operator of the stationary source; or 6) A malfunction; or 7) Any one, or a combination of the above paragraph; shall be presumed to be an emergency emission, unless the Assistant Secretary, in light of all available relevant facts and circumstances, determines otherwise. These presumptions apply to discharges under sections 77.5 (a) (3) and 77.6 (a). "Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any hazardous air pollutant emitted by such source o of which re sults in the emission of any hazardous air pollutant not previously emitted, except that: (a) Routine maintenance, repair, and re placement shall not be considered physi cal changes, and (b) The following shall not be considered a change in the method of operation: (1) An increase in the production rate, if such increase does not SL 105430 r -3- exceed the operating design capac ity of the stationary source; (2) An increase in hours of operation. 76.7 Application for Permit and Approval of Construction or Modification. (a) The owner or operator of any new source to which a standard prescribed under this part is applica ble shall, prior to the date on which construc tion or modification is planned to commence, or within 30 days after the effective date of an applicable standard in the case of a new source that already has commenced construction or modifi cation and has not begun operation, submit to the Assistant Secretary an application for a permit and approval of such construction or modifi cation. The owner or operator of an existing stationary soeree subject to any standard pre scribed under this part may be required to submit to the Assistant Secretary an application for a permit? A separate application shall be sub mitted for each stationary source. (b) Each application shall include: (1) The name and address of the applicant. (2) The location or proposed location of the source. SL 105431 4 (3) Technical information describing the proposed nature, size, design, operat ing design capacity, and method of operation of the source, including a description of any equipment to be used for control of emissions. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of such calculations. (4) A listing of any violation by the facil ity of an applicable hazardous air pollutant standard which is outstand ing at the time of application, except any such violation for which a compli ance schedule has been established and satisfactory progress for meeting the conditions of the compliance schedule can be demonstrated by the applicant. (5) [Delete entire subsection, or as an alternative use the following:] A listing of any outstanding administra tive or judicial actions taken against the facility applicant under an applica ble hazardous air pollutant standard SL 105432 5 federal or state environmental laws or regulations including emergency cease and desist orders, notices of violation, compliance orders, penalty orders, or other administrative orders, and any administrative or judicial proceedings which could result in such actions. 76.8 Existing Source Authorization. (a) An owner or operator of an existing source who, as of the effective date of an applicable standard prescribed under this part, has been operating under issued a Federal NESHAP standard eomplianee schedule or approval, may, subject to subsection (b), continue to operate without further authoriza tion provided the owner or operator of sueh soure complies with Sections ?6T5-frelT 96T?-faf-Hl and (Sir and ?6t11t (b) An owner or operator of an existing source shall provide the information required by Section 76.11 within 90 days after these regulations become effective. After a review of the information supplied pursuant to Sections ?6T7-fal-f41 and and ?6t11t the Assistant Secretary may require the owner or operator of an existing souree to Qh 105433 6 submit an application foe a permit ander Seetien 96t7t f the Semmisaion or Assistant Secretary may issue an order and eemplianee schedule pursaant t Seetien ?6t12t The owner or operator may continue t operate sueh seuree until final aetien is taken n the permit application er antii an order and eemplianee sehedale is issaedT 76.13 Emission Tests and Monitoring. (a) Emission tests and monitoring shall be conducted and reported as set forth in this part and the Division's Source Test Manual. A facility emitting a hazardous air pollutant into the atmosphere of Louisiana shall, on an annual basis, conduct emission testing as required in the applicable subparts for the purpose of verification of allow able emissions. 76.15 Source Test and Analytical Methods. (a) Methods 101, 101A, 102, 104, 105, 106 and 107 in the Division's Source Test Manual shall be used for all source tests required under this part, unless an equivalent method or an alternative method has been approved by the Assistant Secretary or previously approved by the United States Environmental Protection Agency. Si 7 (b) The Assistant Secretary may, after notice, with draw approval of an alternative method granted under Paragraph (a). Where the test results using an alternative method do not adequately indicate whether a source is in compliance with a standard, the Assistant Secretary may require the use of the reference method or its equiva lent. 76.18 Discharge Reporting Requirements. As otherwise required and for Fee any discharge of a hazar dous air pollutant into the atmosphere of Louisiana the rate of which is in excess of that allowed by regulation, permit, compli ance schedule, or variance, the owner or operator of the source from which discharge occurs shall immediately notify the Office of Environmental Affairs by telephone^ and The owner or operator of the source shall submit to that office a written report within seven work days containing information on the source, nature and cause of the discharge, the date and time of the discharge, the approximate total loss during the discharge, the method used for determining the loss, the action taken to prevent the discharge, and measures adopted to prevent future discharges. 77.2 Definitions. SL 105435 - a- (w) "Measures"--an adequate combination of design, procedure and equipment to limit discharges which is approved by the Assistant Secretary. (x) "Emergency discharge"--in evaluating whether a relief valve or a manual vent valve discharge is an emergency discharge, the presumptions in Sec tion 76.2 apply. 77.6(b) Fugitive Emission Sources (8) (vii) Leaks detected under this section are not reportable under section 76.18. 77.7 Equivalent Equipment and Procedures. Upon written application from an owner or operator# the Assistant Secretary may approve use of equipment or procedures which have been demonstrated to his satisfaction to be equiva lent in terms of reducing vinyl chloride emissions to the atmos phere to those prescribed for compliance with a specific para graph of this subpart. For an existing source# any request for using an equivalent method as the initial measure of control is to be submitted to the Assistant Secretary within 30 days of the effective date. For a new source# any request for using an equivalent method is to be submitted to the Assistant Secretary with the application for a permit and approval of construction or modification required by Section 76.7. An equivalency approved SL 105436 9 by U.S. EPA before the effective date of these regulations shall continue in full force and effect. 77.8 Emission Tests. (g) Unless otherwise specified, the owner or operator shall use test methods in the Division's Source Test Manual for each test as required by Para graphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(5) of this section, unless an equivalent method or an alternative method has been approved by the Assistant Secretary. If the Assistant Secre tary finds reasonable grounds to dispute the results obtained by an equivalent or alternative method, he may require the use of a reference method. If the results of the reference and equivalent or alternative methods do not agree, the results obtained by the reference method prevail, and the Assistant Secretary may notify the owner or operator that approval of the method previously considered to be equivalent or alter native is withdrawn. A source from which emis sions are monitored and reported pursuant to Sections 77.9 and 77,11 shall be deemed to have conducted an annual emission test under this section, provided that such emission tests shall SL 105437 10 be or have been successfully completed once and may be required again following construction or modification of the facility. 77.9 Emission Monitoring. (a) A vinyl chloride monitoring system is to be used to monitor on a continuous basis the emissions from the sources for which emission limits are prescribed in Sections 77.3(a) and (b)# 77.4(a)# and 77.5(a)(1), (b) , (c) , and (d) # and for any control system to which reactor emissions are required to be ducted in Section 77.5(a)(2) or to which fugitive emissions are required to be ducted in Section 77.6(b)(1)(ii), and (b)(2)# (b)(5), (b) (6) (ii) , and (b) (9) (ii) . Such moni tored emissions are not reportable under Section 76.18. 77.10 Initial Report. (a) An owner or operator of any source to which this subpart applies and which has an initial startup date after the effective date of this subpart shall submit a statement in writing notifying the Assistant Secretary that the equipment and procedural specifications in Sections 77.6(b)(1), SL 105438 11 (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7), and (b)(8) are being implemented. (b) -(!) In the ease ef an existing source or a new seuree whieh has an initial startup date preceding the effective date f this sabpartT the statement is t be submitted within 90 days f sueh effec tive dateT unless a deferred eemplianee is granted under Seetion 36t12t along with the infermatien required under Seetion 96t11t If deferred eemplianee is grantedr the statement is t be submitted on a date scheduled by the Assistant Seeretaryr -(21 In the case of a new source which did not have an initial startup date preced ing the effective date of this subpart, the statement is to be submitted within 90 days of the initial startup date. 77.11 Semiannual Report. (a) The owner or operator of any source to which this subpart applies shall submit to the Assis tant Secretary on September 15th and March 15th SL 105439 12 of each year a report in writing containing the information required by this section. The first semiannual report is to be submitted following the first full 6-month reporting period after the initial report is submitted. Emissions re ported under this section are not reportable under section 76.18. SL 105440