May 16, 2017
Hand Delivered to EPA
M s. Samantha Dravis Assistant Adm inistrator Office of Policy United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460-0001
RE: Completion of PVC MACT Reconsideration, Docket ID No.: EPA-HQ-:OAR-2002-0037
Dear Ms. Dravis:
The Vinyl Institut e (Vl)1 and the VI PVC MACT Worki ng Group2 write today to respectfully request that U.S. Envir onmental Protection Agency (EPA) Administrator Pruitt direct th e EPA Office of Air Quality Planning and Standards to prioritize the reconsideration rulemakin g for the PVC MACT (National Emission Standards for Hazard ous Air Pollutants for Polyvinyl Chloride and Copolymer s Production, 40 C.F.R. Part 63 Subparts DDDDDD and HHHHHHH). The PVC MACT was finalized in April 2012.3 In September 2012, EPA granted industry and
environmenta list petitions for reconsideration of fill emission limits in the final rule, agreeing that the
public was not afforded a reasonable opportunity to comment.~ EPA deferred action and industry was forced to proceed with a legal challenge to the PVC MACT when it became apparent that a recon sidered PVC M ACT rule w ould not even be proposed prior to its April 2015 com pliance date . The D.C. Circuit held in part that the Court could not review the merits of the cha llenged limits until EPA completed the
1 The Vinyl Institute {VI), a U.S. trade association founded in 1982, represents vinyl resin, monomer, and additive producers. The VI serves as the collective voice for the vinyl industry, engaging industry stakeholders in shaping the future of the vinyl industry. More information about the Vinyl Institute can be found on our website: www.vinylinfo.org. 2 The VI PVC MACT Working Group includes VI members Formosa Plastics corporation, U.S.A., Shintech Inc., OxyVinyls LP, Westlake Chemicals, Mexlchem Specialty Resins, Wacker Chemical Corporation, and Lubrizol Corporation. 3 77 Fed. Reg. 22,848 (Apr. 17, 2012}. "Letter from Gina McCarthy, Assistant Administrator EPA, to Mr. Jean-Cyril Walker, Keller and Heckman LLP (Sept. 28, 2012), Docket Document NO. EPAHQ-OAR-2002-00370564.
Vinyl Institute Letters on PVC MACT Reconsideration, Reference Docket ID No.: EPA-HQ-OAR- 2002 May 16, 2017
reconsideration of the PVC MACT.5 Thus, a rule which the Agency has admitted must be corrected remains in place until EPA acts.6
It is a manifest injustice that the PVC industry has been forced to adhere to a rule that even EPA admits is flawed. PVC manufacturers spent millions of dollars to comply with limits that will be substantively changed once EPA completes its reconsideration of the rule. The prospect of citizen suits against facilities under this flawed rule adds additional costs. These are in addition to the millions of dollars that the industry has already spent on gathering test data requested by EPA, both before and after the rule was finalized. EPA has had the last group of data in hand for over 15 months. Finally, the emission limits in the final rule effectively preclude the construction of completely new PVC facilities at a time when low-cost and abundant natural gas makes increased domestic manufacture of PVC a fantastic opportunity.
The VI appreciates the effort of EPA staff over the course of this rulemaking. VI members have had productive meetings with OAQPS on several occasions since the PVC MACT was finalized. A continual issue raised by OAQPS staff, however, is a lack of resources and conflicting management priorities. We ask that Administrator Pruitt provide OAQPS with the direction and resources necessary to swiftly address industry's petitions for reconsideration.
Enclosed with this letter is a compendium of 26 letters from the Vi's PVC MACT Working Group to EPA on this rule. This collection was summarized and provided last November to OAQPS to assist new staff assigned to the rulemaking. The 9 highlighted items are included with this communication as they encompass the most relevant changes suggested by the Working Group.
We have asked our members to follow up with your office with additional information on the need for EPA to prioritize the PVC MACT reconsideration. In the interim, please feel free to contact me with questions or for further information.
Sincerely,
Richard Krock Vice President, Regulatory and Technical Affairs
Attachments:
VI Letter to OAQPS, November 1, 2016 Highlighted Compendium of Letters to EPA submitted by PVC MACT Working Group Copies of 9 most relevant letters with attachments to EPA submitted by PVC MACT Working Group
s Mexichem Specialty Resins, Inc. v. Environmental Protection Agency, 787 F.3d 544 (D.C. Cir. 2015). 6 EPA corrected two limits, for area sources, as part of a partial settlement of the industry's challenge of the PVC MACT. 80 Fed. Reg. 5,938 (Feb. 4, 2015). However, an equivalent limit for new major sources remains in effect, as well as numerous other flawed limits for existing and new major and area sources.
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November 1, 2016
Sent via Electronic Mail
Ms. Penny Lassiter Associate Director Sector Policies and Programs Division U.S. EPA - Office of Air Quality Planning and Standards 109 T.W. Alexander Drive Mail Code: E143-01 Research Triangle Park, NC 27711 Lassiter. penny@Epa.gov
RE: Follow-up to PVC MACT Working Group September 26, 2016 Meeting
Dear Ms. Lassiter:
Thank you meeting with the Vinyl Institute PVC MACT Working Group. 1 Our members appreciated the opportunity to discuss the Environmental Protection Agency's ("EPA") ongoing reconsideration of the PVC MACT final rule emission limits, 2 and issues raised in the industry's Petition for Reconsideration and other submissions. As promised, we enclose a compendium of all Working Group submissions for review and consideration by LCDR Jennifer Caparoso, PE, the rule's new Project Lead.
We appreciate the entire staff's efforts over the years, and recognize that budget, resource allocation, and rulemaking priorities may be outside your department's control. As stressed at our meeting, however, Working Group members remain highly concerned about the limited staffing and resources available to complete this important rule and intend to communicate this to OAQPS management in the near future.
1 The VI PVC MACT Working Group includes VI members Formosa Plastics Corporation, U.S.A., Shintech Inc., OxyVinyls LP, Westlake Chemicals, Mexichem Specialty Resins, Wacker Chemical Corporation, and Lubrizol Corporation, and industry participants Axiall Corporation. CertainTeed and Daikin, which also were present during the meeting, are not members nor do their comments or statements reflect the views or positions of the VI or the Working Group. 2 Notional Emission Standards for Hazardous Air Pollutantsfor Polyvinyl Chloride and Copolymers Production, 77 Fed. Reg. 22,848 {April 17, 2012) {Codified at 40 C.F.R. Part63, subparts DDDDDO and HHHHHH.
1747 Pennsylvania Avenue, Suite 825 Wa shington, DC 20006 (202) 765-2287 Fax (202) 765-2275
www.vinylinfo.org www.vinylindesign.com
VI PVC MACT Working Group Follow Up letter to September 26, 2016 Meeting
November 11 2016 We are grateful that your team will continue to provide informal implementation guidance and clarifications pending revisions to the rule. You indicated that an Agency guidance on implementing pressure relief device requirements for the other MACT rules could relate to the PVC industry. We would appreciate it if you could share a copy of this guidance document with the PVC MACT Working Group. Based on the constructive discussion at the meeting, we are developing additional clarification/implementation questions we will submit to your team for their informal review and comment at the earliest opportunity. This includes brief comments on the continued viability of the TOHAP approach (as opposed to a HAP by HAP approach) within the context of the PVC MACT rule, and further elaboration of a few issues raised during our meeting. In the interim, please contact me with any questions. Sincerely,
Richard P. Krock Vice President, Regulatory and Technical Affairs e-mail: rkrock@vinylinfo.org phone: 202)765-2287 cell: cc: LCDR Jennifer Caparoso, PE, OAQPS
Mark Kataoka, OGC Marcia Mia, OC/AB J .C. Walker, Keller and Heckman
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(202) 765-2287 Fax (202) 765-2275 www.vinylinfo.org www.vinylindesign.com
COMPENDIUM OF SELECT LETTERS FROM VINYL INSTITUTE PVC MACT WORKING GROUP TO EPA RE FINAL RULE (AS AT SEPTEMBER 26, 2016)
1 I July 8, 2011
PVC Resin Morphology and
I I Jodi Howard Stripping Practices
I I Oxy (Ron Davis) Resin Stripping and
42
Morphology Presentation delivered to
EPA on June 30, 2011
I Stripped Resins
2 I July 12, 2011
PVC-Only Facilities to Use for
I I Jodi Howard Process Vent MACT Floor Calculations
Information and groupings on process I 3
vents
I Process Vents
Vinyl Institute Recommended 15 technical corrections and citation 14
I I 3 I February 27, 2012 Jodi Howard Corrections to Final PVC MACT errors in pre-publication version of
I Clarifications
rule
Petitions of the VI for
I I 4 I June 18, 2012
Lisa Jackson) Reconsideration and Request
to Stay the Rule
final rule Keller and Heckman letter - 10 Petitions for Reconsideration and request to stay rule.
1 102
I Petitions
I s I
April 5, 2013
Clarification on Certain
I Andrea Siefers Provisions of the PVC MACT
31 clarifications requested with recommendations
I 28
I Clarifications
I 6 I August 16, 2013
Reconsideration of PVC MACT July 23, 2013 meeting follow up and I 160
Andrea Siefers j
data for recommendations on each
I Petitions
Supplemental Process
petition Further explanation on 13 month vinyl 3 - letter
I Wastewater
I I Wastewater Data for
7 I October 13, 2013 Andrea Siefers Reconsideration
chloride data for WW database
Updated VC WW Database
Supplemental Information for New source stripped resin limit
29
Reconsideration
proposals, new and existing
81 I I January 15, 2014 Jodi Howard I
wastewater proposals, new and
I existing process vent proposals
New Source Stripped Resins, New and Existing Wastewawster, New and Existing Process Vents
Batch Pre-compliance
I I 9 I October 1, 2014
Marcia Mia reporting
10
November 11,
I I Jodi Howard
Process WW Information
2014
E-mail responses from Marcia Mia on 3 PVC MACT WG batch pre-compliancP reporting questions
Clarifications
Responses to questions from Jodi Howard on WW stripping
13 - letter
I Wastewater
1 - attachment
COMPENDIUM OF SELECT LETTERS FROM VINYL INSTITUTE PVC MACT WORKING GROUP TO EPA RE FINAL RULE (AS AT SEPTEMBER 26, 2016)
11
I
November 13, 2014
I Jodi Howard
Polyvinyl Chloride and
I Copolymers Resins -
Definitions and Process
Information
I s Revised proposals using input from
Oct 27 2014 conference call with EPA
to redefine resin types and create
latex subcategory
Draft Agenda for PVC MACT
12
I
December 11, 2014
IWorking Group December 15, I Jodi Howard 2014 Call
I I 13 I February 18, 2015 From Marcia Bypass Clarificatitons Mia
Clarification Request for PVC
14 I March 4, 2015 I Jodi Howard I MACT Bypass
Polyvinyl Chloride and
15 I March 10, 2015 I Jodi Howard I Copolymers Resins - Revised
Definitions
Clarification on Performance
I
I 16) I \March 16, 2015
I Specifications Required for pH Jodi Howard Calibration Monitoring
Equipment
Discuss facility extensions and review attached WG draft bypass guidance
2 - Letter 12 - Bypass Guidance Attachment
E-mail response from Marcia Mia to 1 WG questionnaire
Response to EPA Questions on closed- 5 end lines and closure devices posed in February 18, 2015 conference call
Revised resin definitions and new
14
latex definition
Follow up to March 9, 2015
110
conference call to respond to Steff
Johnson concepts on pH meter,
calibration freguency
Supplemental Information for
WW Limit Reconsideration -
Draft
I 17 I March 17, 2015
Jodi Howard I
E-notation corrections to March 9, 111
2015 letter; otherwise letter is same. Approaches for WW Limit and Compliance Options - Draft submitted for Conference Call Discussion on March 9, 2015
IG Supplemental Information for Provides detailed information on 39
Process Vent
18 I March 19, 2015 I Jodi Howard I Subcategorization
control devices operating in the industry and proposes approach for
Reconsideration
establishing process vent limits
I Stripped resins
Agenda, Extensions, Clarifications
I Clarifications
Clarifications
I Stripped resins
I CPMS,
Process Vents
I Wastewater
I Process Vents
COMPENDIUM OF SELECT LETTERS FROM VINYL INSTITUTE PVC MACT WORKING GROUP TO EPA RE FINAL RULE (AS AT SEPTEMBER 26, 2016)
I Clarification Request for PVC Response to EPA Questions posed in I s
I I 19 I March 25, 2015
Jodi Howard MACT Bypass
March 16, 2015 conference call on
bypass guidance
20 I April 4, 2015
I Jodi Howard
Revisions to VI PVC MACT Copolymers Subgroup I Proposed Definitions, March 10,2015
E-mail to Jodi Howard with
12
highlighted changes to make
monomer plural for allowing multiple
monomers in definitions
21 I April 8, 2015
PVC and Copolymer Resins
I Jodi Howard ~Revised Definitions
22 I
23 I
April 8, 2015 April 9, 20151
I Jodi Howard I Jodi Howard
I Proposed Process Vent
Definitions
Proposed Approach for Reconsideration of
I Wastewater Lim its and
'cnmQliance Optio~
Proposed definitions for latex resin and changes to dispersion and copolymer resins
Proposed changes to process vent definitions and subcategorizations
Proposed strippable vs. nonstrippable HAPs, Updated WW database, revision of draft proposal submitted on March 9, 2015
(4
14
l19 - Letter WW Excel Database
24~ I Ap_r]L2_Z, _2_Qi~ I Jodi Howardj
I 25 I June 4, 2015)
Jodi Howard,
I 26} I December 9, 2015 Jodi Howard
pH Calibration Requirement s under NESHA,!f""
I '
Revised and Additionall
I
ISupplemental Information for Process Vent Subcategorization I Reconsideration l evised Process Vent
I1oefinitions and Subcateeories
Keller and Heckman letter - Argues for 10 less frequent pH calibrations
- - supported by industry data from 4'1
devices over 12 weeks
I 16 Adds 1 data pointto Table 1 originally)
submitted in March 19, J01S letter
Proposes criteria and definitions for 3 5 new process vents subcategories
I Clarifications
I Stripped resins
Stripped resins
I Process Vents
Wastewater
CPMS, Process Vents
I Process Vents
Process Vents
4849-4965-0233, v. 1