Document ga7J8Jy9mr8zXgq3bnM25GeoG

minutes ^ PVC SAFETY GROUP (AD HOC MEETING OF REGION 2 PRODUCERS) Sheraton Russell Hotel New York, NEW YORK Tuesday, July 17, 1979 1:00 P.M. _____ SUMMARY: (1) There was a general review of EPA's enforcement activities relative to the VCM Standard in Region 2. (2) Various options on actions were considered. (3) Companies with operations in Region 2 will be surveyed in late July to determine what actions might be taken on behalf of the PVC Safety Group. ATTENDEES: Scott W. Bowen - Beveridge, Fairbanks & Diamond, 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 Harold F. Dubec, Jr., - Hooker Chemical Company, P. 0. Box 456, Burlington, NJ 08016 Barbara Eisenberg - Pantasote Company, 10 Valley Drive, Greenwich, Ct. 06830 J. E. Ertel - Pantasote Inc. - 26 Jefferson Street, Passaic, New Jersey 07055 James D. Fannin - B. F. Goodrich Chemical Company, 6100 Oak Tree Blvd. Cleveland, OH George S. Flint - Tenneco Chemicals - Park 80 Plaza W. Saddle Brook, NJ 07662 Don H. Francis - Goodyear Tire & Rubber Company, 1144 E. Market St. Akron, Oh 44315 Joseph E. Hadley, Jr., - Keller & Heckman, 1150 17th Street, N.W. Washington, D.C.20036 Takashi (Wally) Ito - Goodyear Tire & Rubber Company, 1144 E. Market St. Akron, Oh 44316 John R. Lawrence - SPI, 355 Lexington Avenue, New York, NY 10017 Harvey A. Rosenweig - Borden Inc. 180 E. Broad Street, Columbus, Ohio 43215 William Rupp - Tenneco Chemicals, Turner Place, Box 365, Piscataway, NJ 08854 THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 355 Lexington Avenue New York, N.Y. 10017 (212) 573-9400 SPI-08917 2- - 1 - Mr. Hadley reviewed the recent activities within EPA's Region 2 with respect to enforcement actions on the vinyl chloride standard. He noted that the several companies having plants using VCM within Region 2 have received letters relating to vinyl chloride releases occurring in the past. (See attachment A). The meeting agenda and various support documents were distributed. 2 - Mr. Bowen reviewed the background in the VCM regulation relative to emergency relief discharges. In addition, he reviewed the various interpretations made by EPA in documents issued in the period from February 1978 through April 1979. (Agenda Item C-2, Attachment B) He also reviewed the various industry activities relative to emergency relief discharges in the period from July 1978 through December 1978. (Agenda items D & E). 3 - Mr. Hadley reviewed the data his office has been accumulating on emergency releases. He indicated that this record is not as complete as it should be as some companies have not been reporting to his office. 4 - Mr. Bowen discussed the possible actions which might be taken including the seeking of administrative relief, seeking judicial review or review of the administrative orders, the current DSSE enforcement position and/or the substance of relief valve discharge provisions. 5 - It was agreed that the companies with operations in Region 2 would review the various options outlined in today's meeting and be prepared to respond to a survey to be conducted later in July. The survey will be conducted from the Keller & Heckman office to determine what the consensus is with respect to the actions that might be taken on behalf of the PVC Safety Group. 6 - It was further agreed that all member companies of the PVC Safety Group should be informed on the content of this meeting by receipt of copies of these minutes. 7 - The meeting adjourned at 3:30 p.m. Attachments July 18, 1979 Technical Director SPI-08918 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION l! 26 FEDERAL PLAZA NEW YORK. NEW YORK 10007 J*E.orrrt JUL 2 79 JUL 9 is?9 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. John Ertel Vice President Pantasote Company of New York 26 Jefferson Street Passaic, New Jersey 07055 Dear Mr. Ertel: Enclosed please find an Order Issued this date by the United States Environmental Protection Agency ("EPA") to the Pantasote Company of New York ("Pantasote") pursuant to Section 113(a)(3) of the Clean Air Act, as amended, 42 U.S.C. 87413(a)(3) ("the Act"), for violations of EPA emission limitations for vinyl chloride at your Passaic, New Jersey facility. Specifically, the Order finds that Pantasote Is In violation of 40 CFR 861.65(a), a regulation which provides In part: Except for an emergency relief discharge, there Is to be no discharge to the atmosphere from any relief valve on any equipment In vinyl chloride service. An emergency relief discharge means a discharge which could not have been avoided by taking measures to prevent the discharge. Although your obligations under 40 CFR 861.65(a) are clear from the language of the rul-e, I wish to leave no doubt that all discharges, except for unpreventable emergency ones, are prohibited. EPA construes the exception for emergency relief discharges narrowly. In order for a discharge to be considered an emergency, a source must demonstrate that It could not reasonably have been expected to antici pate the discharge and then to prevent it or contain it. As a minimum, the source must demonstrate that the discharge could not have been prevented by implementing any of the following procedures: 1) employee training programs including Instruction on emergency procedures; SPI-08919 3 cc: Mr. James Hardwick Manager of Engineering Pantasote Company of New York SPI-08921 2 Vinyl Chloride Emissions (lbs.) 1,325 725 1,200 1,100 Date 10-29-77 8-30-78 11-13-78 3-22-79 ORDER Based upon the foregoing and pursuant to Section 113(a)(3) of the Act, IT IS HEREBY ORDERED THAT: 1. The Pantasote Company of New York shall immediately take such steps as are necessary to prevent further violations of CFR 61.65 (a) . 2. The Pantasote Company of New York shall immediately and at all times hereafter ocmply with the requirements of 40 CFR 661.65(a) . SO ORDERED, EFFECTIVE IMMEDIATELY. New York, New York , 1979 Regional Administrator U.S. Environmental Protection Agency Region II 26 Federal Plaza New York, New York 10007 SPI-08923 Beveridge, Fairbanks & Diamond AGENDA Ad Hoc Task Group PVC Safety Group, SPI New York City July 17, 1979 I. Background A. Memorandum on Enforcement of the Vinyl Chloride Standard Against Owners or Operators with Relief Valve Discharges, October 14, 1978 B. Memorandum on Possible Actions Contesting Relief Valve Regulation and Interpretation, December 6, 1978. C. EPA Enforcement Memoranda 1. Enforcement Options and Policy a. September 18, 1978, DSSE to regions 2. Relief Valve Discharges a. February 23, 1978, DSSE to Region II b. February 28, 1978, DSSE to regions c. May 18, 1978, DSSE to regions d. October 26, 1978, DSSE to regions e. April 24, 1979, DSSE to regions D. PVC Safety Group 1. July 7, 1978 letter 2. Steering Committee, October 18, 1978 3. Manufacturing Technology Committee, December 5, 1978 4. Lawyers Committee, December 7, 1978 SPI-08924 Agenda - Ad Hoc Task Group July 17, 1979 Page 2 5. December 14, 1978 letter E. Discussions with EPA 1. October 18, 1978, DSSE 2. November 17, 1978, ESED (RTP) 3. December 6, 1978, ESED (RTP) 4. December 11, 1978, ESED (RTP) 5. February 15, 1979, letter to ESED (RTP) F. EPA Enforcement Actions 1. Region VI letters, June 16, 1978 2. Region I letter, Fall 1978 3. Region III letters, November 7, 1978 4. Other G. Comments on Relief Valve Discharge Provisions, 1975-76. II. Relief Valve Discharge Data A. Numbers of Releases B. Causes III. Region II Letters and Administrative Orders, July 2, 1979 A. EPA Authority--Clean Air Act, Section 113 1. Administrative Order a. Nature of violation b. Reasonable time for compliance, taking into acount seriousness of violation and good faith efforts to comply c. Effective date SPI-08925 Agenda - Ad Hoc Task Group July 17, 1979 Page 3 d. Possible opportunity to confer with Administrator 2. Civil Action and/or Criminal Prosecution a. Violation of Standard b. Violation of Order B. Circumstances 1. Discharges a. Numbers b. Causes c. Reports 2. Measures Taken to Avoid Discharges 3. Discussions with EPA a. Pre-order b. Post-order IV. Strategy and Timing A. Do Nothing 1. Wait for Further EPA Enforcement Action a. Court Action b. Noncompliance Penalties B. Seek Judicial Review 1. Prepare Legal Memoranda and Draft Pleading V. Legal Options A. Administrative Relief B. Review of Administrative Orders C. Review of Current DSSE Enforcement Position Agenda - Ad Hoc Task Group July 17, 1979 Page 4 D. Review of Substance of Relief Valve Discharge Provision VI. Conclusions A. Factual Information B. Legal Options