Document pm9vprYeq1q2kvNExNmJQxbDE

Fk unites states environmental pit or WASHINGTON. 0.0 P.C ifO GZ f' V CFFtCt C* t:-i iE.-.T SUFJEZT: Relief Valve Discharges PPG Facility at Guavanilla, Puerto Hico FRC"; Director Division of Stationary Source Enforcement TC: Stuart Roth, Attorney Enforcement Division, Region II This is in response to vour nemo of January 1C, 157S, requesting guidance on enforcement options available to prevent relief valve discharges of VC*. from vinyl chloride storage tanks at the Cuayanilla PPG plant. V?e believe that the most effective approach to elimi nating emissions caused by relief valve discharges would be requiring that PPG take measures designed to prevent relief valve discharges .ynd install equipment designed to contain discharges, should they occur in spite of any preventative efforts. v; feel that this position is justified by the prc-arble to the proposed standards which states, with respect to rc-lief discharges from equipment other mar. reactors, "...increasing pressure due to inert gases in the system car. be relieved by manual venting to gas herder or recovery si'sitteemrn. The conditions vhicn lead to discharges can a_sa. be prevented in most cases by proper handling end transfer cf vir. .1 chi is cor.tair.ir.c vir.yl chi or: B. {Sec 44 C F?. 5&:.3, December 24, 1S"5,.' Cnc possible option which co*cld"Stisfy the above require.*.cr.ts and which comiiir.es options listed in your memo, v.'cuid be installation of additional r6fT' ca; eration units designed to serve as backups for the e*,.is --T..-^ un^s ccm.binaLion with a cas holding tank w.iicr. cunc^cc.^.. t...- releases resulting from total refjigeraticr. :sii:.:s c. --C-. c *-h er cr-':?cr,{ failures or deficiencies, inducing any releases"whicb occur during tne tar.e intakes tc_svitch;eve. arc- a r a 1 fur.:*, is*: ing refrig-iratTcn ur... *- r- i -- t)-'- *-/. '-'svrnrib.c for cove - si ..;g *- r - 1 **. r* ^vr**rerfl.i"e*f*qd.i's"c":.*.*a"r.r"ers- , ----------,--i-;~-- a**.'.' nv-'C~ e~s-sr'. ^ r... ... .. . _ u - * CMA 015316 J' w r -1 In your mono you request clarification cf -hat ctr.ttitutes en "emergency relief discharge". As stated m u.,r nemo of December 15, IS77, the preamble to the prepets-.: vinyl chloride regulation describes an emergency c:ocharge es one which cannot be avoided by taking preventative mea sures, such as those caused by natural disasters (40 m 59539/ December 24, 1975). Natural disasters include hurri canes, tidal waves, earthquakes, etc. Discharges which could have been prevented will not be considered "emergency discharges". Finally, you request guidance cr, the enforcement approach to be used to require installation of equipment designed to minimise the amount and frequency of discharges. As you knew, an administrative order (Section 113(a) order) is an inappropriate method to remedy a NE5HAP violation unless the order requires immediate compliance with the standards. In some circumstances, a waiver ol compliance r.ay bs issued which requires the installation of equipment necessary for compliance,with the standard if the equipment can be operational and the source can be in compliance by October 21, 1978. Note that the issuance of a waiver of compliance is discretionary, and consideration should be given to both the source's good f-aith and whether ve bvliavu the terms of the waiver will be complied with and fir.r.l compliance ultimately achieved. In addition to any rccyiru- r.ents designed to protect public health during the period ci the v/aiver (40 CF11 SCI. 11 (b) (3 ) ) and any ct.i.-r rccuiru:* ants generally applicable, any such waiver should include vf.-ry detailed incremental dates for design and installation cf the equipment. The waiver should be structured sc that the first increment will become due- ah soon af: issuance as po^sis. aib_letr .,, This willv ,, x a, ^eini xsuu r.eg ^praowmiwpwt. action wtvj - * * C SOUJT CO while still allowing E?A sufficient time to act. should PPG il to csmolv. Viol ,icm. o - * s'.a waiver requirements coulo, c . course, :he commencement of civil cr criminal action. However, if the source has not -requested a waiver to alio-..' installation of the required equipment, if the soured has r.oc acted ir. good faith, or if the Ra-ricr. believes it is impossible for the equipment to be installed and the source to be in compliance by October 21, 197c, civil action should be commenced seeking injunctive relief for c m;-a: tious installation ci the necessary control ecuipm :-~.t. Ir. light cf tr.e hauardo.s nature of the pollutant ir.vrlvad, wc- woulo urge rule.-: prcnaraticr. of any referral z r t : a . e 'including -n.v par airy calculations necessary to cc*; . with tha- Pinsliy policy,. :r. additicr., vc car. atari ye. :.at : "aula. cur rt-::.; and rufc-nrol cf t't p-tekrg. tc t CMA 015317 c 3 i- n L you require any further asuiu!nrce )n thio r Tce.l free to contact Doug rerr.aucr11: ( 755-25TC; any legal questions or hiooy Scuyir.o (111-21$',) regard!r.g any technical questions. h -Edv;ard E. Rater. cc: Susan Vlyatt, ESED Marcus Kanto, Region II CMA 015318