Document mBKRRndVwEgQ1Dj8e71p08y8B

HENRY L Ol*^ONO RICHARD M. FAifiSANKS.in alsert j. eveoido c. in CARY H. 0AISE HAROLD HIMMCLMAN choistorhsr H. SUCKLEY, Jft. JONATHAN i_ Cam non AN D R GW E.MISHKIN CHARLES A. PATPIUA SCOTT W. SOW EH CATHERINE M. OUNLAP CYNTHIA A. LEWIS KARL S. SOUROCAU JOHN N. HANSON LAW OFFICES Beveridge, Fairbanks & Diamond '333 New Hampshire AvEn u E, N. W. Washington, D. C. 20036 TCtEPHONE (202) 020-0200 writer's direct o<al number 828-0240 May 20, 1980 CARL EAHOIE'' OF COUNSEL cable address "l N o law" TELECOPIER (202) 82 0*02 34 BY MESSENGER w Joseph Hadley, Esquire Keller & Heckman 1150 Seventeenth Street, Washington D.C. 20036 NW D\ _ - Re: Potential Criminal Prosecution and Enforcement by EPA and the U. 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 I 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 source's . . . 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 tio 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 II. 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. Beverioge:. Fairbanks & (Diamond 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. Xf you have any questions, please advise. Cordially GHB/tsl Enclosure