Document jBqBjGG3remkbK6M541v2GK5Q

^,/U.105 MNAiC(iClMiMMrTOi.jMOi.c'AFv^AeOifl.tD*AeMaSc.a(3 CM* M >( kcvui m. rcKrA.Ja(s ft*a'.CS HAftOtO *`i*'**t;*'AA JONATHAN Z. CASSON AMPMCW C * C"*lSTO*C* - t.C*lC*. > CHAVICS a. At*i2iA IVfOtCA M. Cl|ON hot a km(i or o. e. LAwornccs Beveridge. Fairbanks & Diamond Onc Fabbagut Souapc South Washington. D. C. 20006 Tft.f-OMC IWi)*M-Neo October 27, 1976 Mil C^S;Cr or cOi.'.sCk onTehAftUOS* Btts Jerome H. Heckman, Esquire Keller and Iieckman Suite 1000 1150 17th Street, N.W. Washington, DC 20016 Dear Jerry: As you know, the SPI VCM/PVC Technical Committee met in Washington on October 26, 1976 to discuss the issuance on October 21 of the final Vinyl Chloride Standard. Several issues were raised and we were asked to provide clarification. \ Prior Lu Lhe meeting, EPA had propounded only one specific question on which it requested SPl's comment^; the question related to how companies determine product^cj*=u:ates at their plants. It was the consensus that becaus^the issues are so variable the industry not attempt to swKuyy methodology. I have written Susan Wyatt, Research Triangle Park, Durham, North Carolina, to advise her. A copy othatrletter is enclosed. There were four other spec^^c issues discussed which have legal overtones. First, some^jberabers raised the question whether the final Standard is now applicable or is only applicable ninety days after the effaq^iye date, i.e., the promulgation date (October 21, 1976)iO$he answer i*/ that the Standard is not-operational until Jamaary 19, 1976/ While information must be submitted during the ninety-cay period, no company can be held in violation of the Standard until Janizary 19. Second, a question was raised as to whether a company must delay filing a waiver request until EPA has supplied a specific form f.or that purpose. Ke have checked with EPA on this point and have been advised that a proposed form to cover Vinyl Chloride was never officially sent to the Office of Management and Budget (0MB) and that no form will be issued. Companies submitting source reports and waiver requests should utilize any convenient format. It would be wise to coordinate with the various EPA regional offices. It should be noted that even if waiver requests are filed, companies are still required BF5 0091 1 Bcvcriocc. Fairbanks & Diamono Jerome H. Heckman. Esquire October 27, 1976 .2 to submit the background information called for in Section 61.10 of the general EPA Regulations. Third, some questions were raised as to when waiver applications should be filed. As you know, waivers may be requested within the ninety-day period between the effective date of the Standard and the date that the Standard becomes applicable. However, no company which fails to obtain a waiver can operate its plant in non-compliance with the Stan dard after the expiration of the ninety days. Thus, all waivers should be filed timely enough to permit ERA a reason- able-opportunity to act on the request prior to January 19, 197^ EPA's general policy is that if waiver applications are filed in timely fashion, the Agency will act on a request within the ninety day period. If, on a timely application, EPA for internal reasons is unable to act on the request, the Agency would probably take no enforcement action until it had reviewed the waiver request. It is our view that EPA would regard all requests for waivers filed within thirty to forty-five days aftgr the dat of prciTtuigatipjv^jg^ "timely" ~ filed. AppilcatIons~filed between forty-fiVe^nd sixty days vjould probably be considered timely but wa^d present a~cT6ser question. Waiver applications filed within^thirty''days' oT the date on which the Standard becomes apglrpable might be con sidered as having afforded EPA too little time in which to act and could result in an enforcement action if the Agency dao,eys. not complete review of the wz&ver - request by the ninetieth Finally, a question was/^aised as to whether EPA would permit a state environments iNSrCquirement that might conflict with the Vinyl Chloride Standard (or its procedures) to absolve a company attempting to meet the Standard from compliance with it. While it is difficult to respond to this inquiry other tdian on a case by case basif^Lt is general EPA policy that iTtate environmental "requirements cannot serve to excuse lack of compliance with a federal hazardous pollutant standard. EPA recommends that any company with potential problems in this area immediately contact the appropriate EPA regional office to devise a solution. Before closing, let me advise that in talking with EPA we have learned that the general Vinyl Chloride enforcement guide line is in its final draft and should be available within the next ten days. We will forward you a copy for circulation to the Technical Committee as soon as we receive it. This guideline BFS 009113 Bcvcridgc, Fairbanks 6 Diamond * Jerome H. Heckman, Esquire October 27, 1976 3 will serve as EPA's narrative explanati Vinyl Chloride regulations. The more detailed inspection guide or "field manual" will probably not be available.for several months. A contractor has not yet been s^l^cted. EPA has assured us and representatives of the TechaiSsi Committee that it is standard EPA operating procedure^A afford industry representatives a role in the developnerfOor such a manual; EPA plans to follow that procedure in this case. As soon as a contractor is selected we will advise. He will keep you posted on all further developments. BFS 009114