Document rBm75BErB73mjJkG1bKQd3XVE

/\ - -CC*"N c-Aftus - -et"*" 'U.|A~ a^OHCSAl "o*t a tic*"**. wbCO^.*- O -<-t iaC" H*t,s - fiCec^vC' jC-m S ;4ROl C AAflRiS A*v <$ jOhn O 3u6(C* SH*.9TIWC A.Ne>dH<R S-lRttY . 'OJtMOro flCTCR L. a C*V UAWACMCC MALM1N o(QOAam shu* tirnaci C OOUGhJkS JAORtTT CDWARO U. KOPM^A **eil_A A. MHUR 0USSCLL - roi bCC * WC1N '1MOTHT qrown PLtNC INOCI, H ELLER LAW OFFICES Keller and Heckman 1130 I7th STREET. N. W. SUITE lOOO WASHINGTON. D.C. 20036 ; 202 ) 4-37 UOO 'CLccse-tn 'iOii zo 7ai C*OLt AO0BC3S Vt'.M*. TM'| OmcCT 0.L KU> (202) 457-1: July 22, 1933 i/'lTV 4 Dr. Roy T. Gottesman The Society of the Plastics Industry, Inc. 355 Lexington Avenue New York, New-York 10017 1--1 2= zc T c- co ?: 5^ rv j . 7] 'O j.' RECEIVED Re: EPA Enforcement Policy Dear Roy: As we discussed on July 20, the Environmental Pro jection Agency (EPA) is planning to respond to Judge Parker's decision invalidating the relief valve and manual vent dis charge provisions of the vinyl chloride standard by insti tuting civil litigation against all Louisiana vinyl chloride monomer (VCM) and polyvinyl chloride (PVC) producers. This should be a topic of discussion at the joint meeting of the Manufacturing Practices Committee and the Legal Committee on August 4, 1983. At that time, we would like those interested to consider whether we can enlist the aid of Gary Baise of Beveridge & Diamond, for meetings we would propose to hold with EPA policy-making officials to argue against this policy and the filing of more of these cases. 3v way of background, on July 1, 1983, United States District Court Judge John V. Parker dismissed an action EPA brought against Ethyl Corporation. Judge Parker held that the relief valve provisions of the vinyl chloride standard were "work practice" requirements that EPA lacked authority to promulgate in 1976. Initially, we saw two options for EPA. EPA could appeal Judge Parker's decision and seek to uphold the validity of the current standard. Concurrently or independently, the Agency could also reprom ulgate the vinyl chloride standard. Repromulgation would end any question concerning the Agency's authority to regu late relief valve discharges after repromulgation but would not have retroactive effect giving them authority to regu late discharges prior to repromulgation. SCC 5-1776 Dr. Roy T. Gottesman July 22, 1983 Page Two Keleer ajnd Eecituam We were surprised to learn that, the Agency has adopted a rather bizarre strategy of attempting to file as many actions as possible against VCM and PVC producers in Louisiana to pressure Judge Parker into reversing his decision. This information is based on independent reports from the EPA staff in Region VI (which includes Judge Parker's district in Louisiana) and an attorney in the Land and Natural Resources Division of the Justice Department working on this matter. EPA advised that future complaints will attempt to cite violations of provisions other than the relief valve discharge section in an effort to retain a toehold in court if Judge Parker dismisses the portions of the complaint dealing with relief valve discharges. Since July 1, two cases have been filed in Louisiana against Vinyl Institute members. We expect more cases to be filed shortly. This EPA strategy obviously received approval from policy-making officials within the Agency. It seems to us that the appropriate action for the Vinyl Institute would be to authorize us to meet with policy-making offi cials in Region VI and EPA headquarters in Washington. The goal would be to stop the filing of additional com plaints and perhaps stay proceedings on the recently filed cases pending an appeal of Judge Parker's decision. By copies of this letter to members of the Vinyl Institute, and in accordance with your instructions, we are advising that this will be a topic of discussion at the joint meeting on August 4 in our offices. In the interim, if you have any comments or questions, please feel free to contact us. cc: SPI SPI SPI Vinyl Institute Vinyl Institute Manufacturing Practices Committee Vinyl Institute Legal Committee see 5-1777