Document mm6mo58QVrEGnGdNXDkMRX9Lk

El, *LLS I^OME r* HSCXMAH 3 H Art Lt 5 M mhan wILl1>" h SOHOHE5*ni, RQfttR- * TIrtNAh wAl;31.M Q MACAHTHUrt -NAYNC ^ SLACK MAftTiH W SCBCOvICI ,JHN 3 ElOREO CiSOLi - -YAHHI3 miChaC- *" h C rt rt ON i_ArtT 5 SCH.CMON .OHN -5 CUSECA CHrtlSTINfi A MgAGHEB 5H.3lY 3, PUJIMOTO ?ET'rt - ; L> CHUl ^WrtENCS 3 MAL.rtrtlN 35SOPAM S**urt frtlNKEH <3, O0UOLA5 -ArtrtCT" iowArto L. AOrtweA 3miu> * PILLAR rtU5SLL M fo* LC M, A/SlNfiS T'MOTHY O0wN ll.NC RtNCifiL HStLErt LAW OFFICES Keller and Heckman 1150 17TM STREET, NT W. SITTTB lOOO WASHINGTON, D. C. 20036 ;sosi 4.57 noo "ElCCOOIER ,2021 290- '5i2 CAOLE A30SC33'TELMAN writer 4 aiRtCT oial 'jyMsirt (202) 457-111 June 6, 1983 RECEIVED To: SPI Vinyl Institute SPI Vinyl Institute Manufacturing Practices Committee JUN <j 1983 W. Laundrie Re: EPA Review of the Vinyl Chloride Standard uc Ladies and Gentlemen: On May 26, 1983, we met with Sheldon Meyers, Director, of the Environmental Protection Agency's (EPA) Office of Air Quality Planning and Standards. The meeting was held to discuss the status of EPA's review of the vinyl chloride standard and the need to revise the emergency discharge provisions. Mr. Meyers asked that we prepare a letter outlining our concerns and stating why changes should be made to the standard together with proposed regulatory language. As opposed to earlier recom mendations by The Society of the Plastics Industry, Inc. (SPI), an effort will be made to develop a definition of emergency discharge that contains both general and specific criteria. To review these developments and prepare a letter of recommended changes, Chairman W.C. Holbrook has called a meeting for June 20, 1983 in Columbus, Ohio. The meeting is scheduled to begin at 9:30 a.nu and adjourn about 3:30 p.m. Bailey Barton of Borden has agreed to host the meeting in the offices of the Borden Dairy Division, 165 North Washington Avenue, Columbus, Onio 43215. By way of background, in July, 1982, SPI submitted pro posed revisions to the vinyl chloride standard. That proposal suggested that EPA apply the malfunction provision in the pro posed benzene/styrene standard and exempt discharges of less than 100 pounds. Pertinent portions are enclosed. The Manufacturing Practices Committee (formerly the Manufacturing Technology Committee of the PVC Safety Group) met with EPA at Research Triangle Park in November, 1982 to discuss GENCO17343 PRIVILEGED AND CONFIDENTIAL SPI Mailing June 6, 1983 Page 2 Rexler ante Heckman this proposal. It became clear that EPA was proceeding rather slowly in developing administrative changes to the vinyl chloride standard and the prospect for substantive changes was uncertain. The discussion of the emergency relief valve provisions of the standard was not productive and we obtained no clear commitment from the staff. In February, 1983, EPA released the revised TRW report and a new "Chapter 6" discussing regulatory alternatives. The new EPA efforts addressed only the regulation of oxychlorination vents at vinyl chloride monomer (VCM) facilities and fugitive emissions from 1-1-1-trichloroethane or pesticide facilities using VCM as an intermediate chemical. We were concerned that EPA was not addressing the issues of real concern. The Committee prepared comments at a March 1983 meeting in Houston. In response to those comments, we received a call from Richard Rosenteel at EPA who assured us that the Agency was still working on the entire package presented to them by SPI and had not dropped the administrative changes we had discussed. According to Mr. Rosenteel, EPA would be forming an internal working group to review proposed changes in August 1983. Subsequently, the resulting regulatory package will be reviewed by the National Air Pollution Control Techniques Advisory Committee (NAPTAC). EPA's April 25 regulatory agenda indicated that the Agency would issue a notice of proposed rulemaking in 1984 and promulgate a final rule in 1985. Given the recent turmoil at EPA and the confirmation of Bill Ruckelshaus as Administrator, the Agency's work priorities are now under review. Prompted by Chairman's Holbrook's request, Gary Baise of Beveridge and Diamond, arranged a meeting attended by Mr. Holbrook, Gary Baise and Peter de la Cruz. Mr. Meyers,, who replaced Walt 3arber, met with us for about an hour. Mr. Meyers had not had extensive involvement with the vinyl chloride standard and we reviewed the Agency's activities over the last few years. Mr. Meyers indicated that he would be agreeable to reviewing the situation and considering our concerns. If the staff did not have a reasonable basis for rejecting our sug gestions, he would attempt to rectify the deficiencies in the existing standard. While the prior suggestions we submitted to PRIVILEGED GENCO17344 AND CONFIDENTIAL SPI Mailing June 6, 1983 Page 3 Reuler and Heckman EPA were discussed, the more promis ing approach appeared to be the development of a list of specif ic or particular criteria that might be used to define emerge ncy discharge. Obviously, such an effort requires the assists nee and approval of the Vinyl Institute membership. Therefore, t he June 20 meeting was called as a first step to develop a letter to EPA. For your convenience, I am attaching the pertinent pro visions of the 1982 proposal submitted to EPA and suggested language submitted to the State of Louisiana more recently. This material may provide a starting point for discussion. If you have any comments or questions, please let us know. We look forward to seeing you in Columbus. Cordially yours, Enclosure Peter L. de la Cru GENCO17345 privileged AND CONFIDENTIAL MANTTFACTURING TECHNOLOGY COMMITTEE PVC SAFETY GROUP THE SOCIETY OF THE PLASTICS INDUSTRY, INC. SUGGESTED AMENDMENTS TO THE VINYL CHLORIDE STANDARD July, 1932 [Underlining denotes addition; averstrike indicates deletion.] Part 61 - National Emission Standards For Hazardous Air Pollutants Subpart F - National Emission Standard for Vinyl Chloride 40 C.F.R S 6LS1 (v) "Malfunction" means anv sudden and unanticipated failure of process or pollution control equipment. A failure of process or pollution control equipment caused bv design flaws, lack of normal maintenance, or careless ooeration mav not be considered a malfunction. Comment: This provision was derived from the benzene/styrene plant oroposal at 47 Fed. Reg. 33461 (1981). S 6L64 Emission Standard for Polyvinyl Chloride Plants. An owner or operator of a polyvinyl chloride plant shall comply with the requirements of this section and 61.65. (a) Reactor: The following requirements apply to reactors: (3) Manual vent valve discharge: Except for an emergency manual vent valve discharge, there is to be no discharge to the atmosphere from any manual vent valve on a polyvinyl chloride reactor in vinyl chloride service. An emergency manual vent valve discharge means a discharge to the atmosphere which could not have been avoided py taking available measures to prevent the discharge. Within 10 days of any discharge to the atmosphere from any manual vent valve, the owner or operator of the source from which the discharge occurs shall submit to the Administrator a report in writing containing information on the source, nature GENCO17346 -2 - and cause of the discharge, the date and time of the discharge, the approximate total vinyl chloride loss during the discharge, the method used for determining the vinyl chloride loss, the action that was taken to prevent the discharge, and measures adopted to prevent future discharges. Comment: This is a corollary of the Environmental Protection Agency's (EPA) definition of "malfunction." See 47 Fed. Reg. 834S1 (1981). S 6L65 Emission Standard for Ethvlene Dichloride, Vinyl Chloride and Polyvinyl Chloride Plants. An owner or operator of an ethylene dichloride, vinyl chloride, and/or polyvinyl chloride plant shall comply with the requirements of this section. (a) Relief valve or rupture disk discharge: Exeep-t fee an emergency reHef dtaeharger There is to be no discharge to the atmosphere from the operation of any relief valve or rupture disk on any equipment in vinyl chloride service. An emergency relief dbeharge means a discharge which eettid nef have been avekded by taking measures to prevent the discharger (1) Discharges shall not be considered a violation of this provision if: (A) The discharge is a result of a malfunction or an act of God, or (B) The amount discharged does not exceed 100 pounds oer discharge and, for oolvvinvl chloride plants, the frequency of such discharge does not exceed the equivalent of one discharge per 2.000 batches charged. (2) Within 10 days of any relief valve or rupture disk discharge, except those covered by section 31.53la)(l)(3), the" owner or operator of the source from which the relief valve discharge occurs shall submit to the Administrator a report in writing containing information on the source, nature and cause of the discharge, the date and time of the discharge, the approximate total vinyl chloride loss during the discharge, the method used for determining the vinyl chloride loss, the action that was taken to GENCO17347 -3- prevent the discharge, and measures adopted to prevent future discharges. Comment: The malfunction provision in section 61.55(a)(1)(A) is an effort to resolve the ''emergency" discharge provision in the current standard. The term "malfunction" is defined in new subsection 31.51(v). Subsection 61.65(a)(1)(B) is an effort to define a frequency and quantity measurement for acceptable releases. Subsection 61.35(a)(2) has been amended to exempt discharges of less than 100 pounds from the 10-day reporting required provided that the discharge also meets the frequency requirement of section 61.55(a)(1)(B) of one discharge per 2,000 batches. These small discharges would be listed in the semiannual report. See, section 61.70(c)(4). S 61.68 Emission Monitoring. (c) A daily weekly check is to be conducted for each vinyl chloride monitoring system used. For all of the emission sources listed in paragraph (a) of this section, except the one for which an emission limit is prescribed in 61.82(b), the daily weekly span check is to be conducted wUh a concentration of vinyl chloride equal to 10 ppm. For the emission source for which an emission limit is prescribed in 31.62(b), the daily weekly span check is to be conducted with a concentration of vinyl chloride which is determined to be equivalent to the emission limit for that source based on the emission test required by S 61.57. The calibration is to be done with either: Comment: A daily check is unnecessary. The benzene standard does not have such a provision. GENCO17348 2a - contractor or the owner or operator of the stationary source; or 6) A malfunction? or 7) Any one, or a combination of the above circumstances pcragreph; o_r 8) Other factors determined bv the Assis tant Secretary; 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 shall also aoolv to discharges under sections 77.5(a) f3) and 77.5(a). GENC017349 Suboart B Emission Standards for Vinyl Chloride .2 Definitions. )__ "Measures'1 -- an adequate combination of desicn, procedure and ecuioment to Prevent discharges which is approved bv the Assistant Secretary and which may be revised bv the Assistant Secretary as new information becomes available. ' "Emereencv cischarce"--in evaluating whether a relief valve or a manual vent valve discharge is an emercencv discharge, the presumptions in 5ection 7 6.2 acoiv. GENC017350