Document k9OxOqEq6dBmqaRxL6R40V2KJ

henry u Diamond riChaRD m. Fairbanks. 31 al1CT j- CvC<OQC,HX DAY M. 8AISC a.jAMES BANC* HAROLD HtMMCLMAN CHRISTOPHER H. SuCKLEY, jR, JONATHAN Z. CANNON ANDRCW LMI$MKlN CHARGES A, PATRICIA SCOTT W. BOWEN CATHERINE M. DUNLAP CYNTHIA A. LEWIS KARL S. AOURDCAU JOHN N. HANSON J/*/ /fc LAW OFFICES Beveridge, Fairbanks & Diamond 1333 New Hampshire Avenue, N. W. Washington, D. C. 20036 telephone (202; 328-0200 WRITER'S DIRECT Dial number 828-0240 May 20, 1980 CARL CARQLCY or COUNSEL cable aoorcss "inOUw" TELECOPIER (202) *2S*OE3 BY MESSENGER Joseph Hadley, Esquire Keller & Heckman 1150 Seventeenth Street, Washington D.C. 20036 NW Re: Potential Criminal Prosecution and Enforcement by EPA and the D. S. Department of Justice Dear Joseph: On April 18, 1980, the Environmental Defense Fund (EDF) requested the Administrator of EPA to consider imposing a system of civil penalties to discourage future discharges of vinyl chloride from emergency relief valves. I contacted the Agency staff to determine their views with respect to the EDF request and was advised that the Agency would be responding to EDF by letter and that X would receive a copy of their response. Today I received a copy of a letter dated May 12, 1980, a copy of which is enclosed for your review. Note the second paragraph which indicates that EPA "has initiated the judicial enforcement process against several sources . . . Based on this sentence I called the EPA staff to determine when and what the Agency has initiated. I was advised that EPA has referred at least one case to the Department of Justice for criminal prosecution and several cases for civil action. Moreover, the staff indicates that such action will be filed within the next 30 - 45 days. In addition, several cases are being prepared by the regional offices for referral to the Department of Justice. With respect to the criminal action, I was told that it would not be filed with respect to any company operating in Region XX. You will recall that I thought such an action might be filed in Region II based on a conversation I had had with EPA enforcement personnel in that Region in October of 1979. ucc 009373 \ Beveridge. Fairbanks & Diamono Joseph Hadley, Esquire Page Two May 20, 1980 Because of this information I suggest that with respect to the relief valve discharge issue the PVC Safety Group may wish to reconsider the Complaint and Motion of Points and Authorities we prepared on this issue in 1979. One note of caution,, the Department of Justice after considering the recommendation of EPA could decide not to proceed. As you know, the Agency can recommend that the Department of Justice take action but cannot force it to do so. However, if the Department of Justice refuses to repre sent the Administrator, he may pursuant to Section 305 of the Clean Air Act appoint his own attorneys to appear and represent him. If you have any questions, please advise. Cordially, GHB/tsl Enclosure Gary H..-Baise ucc 009374 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 RECEIVED MAY 2 0 1980 MAY l 2 1980 Hr. Larry Martin Corcoran Environmental Defense Fund 1525 18th St., N.W. Washington, D.C. 20036 OFFICE OF ENFORCEMENT Dear Mr. Corcoran: I have been asked to respond to your letter of April 18, 1980, addressed to Douglas Costle, concerning the vinyl chloride National Emissions Standard for Hazardous Air Pollutants (NESHAPs). In that letter, you requested that the Environmental Protection Agency enforce more strictly the regulation restricting relief valve discharges of vinyl chloride, 40 CFR Section 61.65(a). The Agency has recently accelerated its efforts to enforce the relief valve discharge provision of the NESHAPs standard. In fact, during the past three months, the Agency has initiated the judicial enforcement process against several sources which, we believe, have violated the relief valve discharge standard. These actions will seek various forms of injunctive relief, including improved operator training, inspection and maintenance procedures, and installation of equipment designed to prevent future discharges. I anticipate that more civil actions will be referred to EPA Headquarters by our Regional Enforcement Divisions in the very near future. As to your suggestion that EPA prepare a schedule of fines for discharge of vinyl chloride to the environment, EPA will be seeking civil penalties in civil actions filed for relief valve discharges. Under Section 113(b) of the Clean Air Act, EPA can seek up to a maximum of $25,000 per day of violation for each violation of the NESHAPs regulations. Regarding a minimum amount of civil penalties acceptable in any settlement of a civil action, the Agency is presently evaluating the applicability of its civil penalty policy, which does not on its face apply to intermittent violations such as these. The Agency will consider the ideas proposed in your letter in developing criteria for determining appropriate civil penalties in this category of cases. I share your concern over the frequency with which vinyl chloride sources have experienced relief valve discharges, and I thank you for bringing specific sources to my atten tion. I believe that the Agency is now pursuing enforcement of the relief valve discharge standard vigorously and will continue to do so in the future. UCC 009375 `> .t --22-If you have any further questions about our vinyl chloride enforcement program, please contact Elliott Cilberg of my staff at 755-0940. Sincerely yours, Edward E. Reich, Director Division of Stationary Source Enforcement cc w/incoming: Enforcement Division Directors Regions I-VI, IX t IJCC 009376