Document zQxKjr7aEp72B6xQJezjVKqv6

A Division of The Society of The Plastics Industry, Inc. RECEIKEB '"`i 11 1907 Sheny, M. Cars Roy T. Gottesman Executive Director June 9, 1987 TO: VI Health, Safety & Environment Committee VI Legal Committee RE: SPI v. EPA: 1986 Amendments to the Vinyl Chloride Standard Peter de la Cruz's letter of June 8th and attachments thereto, received today, are self-explanatory. As we wish to conclude a settlement agreement as rapidly as possible, please advise Peter de la Cruz directly by phone no later than June 19th only if you have any comments or problems with the EPA proposed revisions. Unless Peter hears from you to the contrary by June 19th, he will proceed to finalize a settlement agreement. RTG/pmb cc: P. de la Cruz M. Scheck CTL028640 Wayne Interchange Plaza II 155 Route 46 West Wayne, NJ 07470 (201) 890-9299 ?OSCRH C. KCLLCR JCROMC M. MCCKMAN CMAMUCB M MCCMAN WILLIAM M. BOROMCSANI. JR MALCOLM 0 MacARTNUR WAVMC V SLACK MANTlN W. CRCOVICt JOHNS CLORCO CarolC c. mamii MICMACL t. MORRONC MASK KOX tVCN* JOHN BUBCCK RCTCR L. M fcA CRU* CHRISTINE A MCAOMCR smiklcv a rujiMOTo LAWHCNCt R. MALRRIN RALPH a SIMMONS RCTCRA gUSSCR tOWAHO L- KOKWCK TCRRCNCC O. JONCS MANY MARTHA MNAMARA JOHN B KICMAKOS* C OOUOLAS JARRCTT SHC'LA A. MILLAR RUSSCLL H. rOK JAN M WAMgTCO ILCNC RINOCL HCLLCR SUSAN . CONTI SUSAN J SLUM RATRICK J MUAO** S. CRAIO tautrcst DAVtO M. JCTT MAURCCN A. O'CONNCLL" KARCN C. CDCLRCRO* NINA M SINSTCIN*** RIAN O RONOON*** MARK A. SICVCRS*** AOMITTCO IN RCNNSTLVANIA ONLY AOMITTCO IN VIROINIA ONLY AOMITTCO IN MANTLANO ONLY LAW OFFICES Keller and Heckman 1IBO 17'" STREET. N.W. SUITE lOOO WASHINGTON, D.C. 20036 (202) 956-5600 RtUEIVED JUN a inn/ DR. R. T. GOTTESMAN June 8, 1987 SCiCNTirtc STArr OANICL S. OIXLCR OURWARO r. OOOOCN CHARLES V. BRCDCR TCLCX * BBSSI TCLCCORICR uoi) ise-rcsi CABLC ADORCSS "KALMAN" WRITER'S OIRCCT DIAL NUMBER (20?) 956-6641 Roy T. Gottesman Executive Director The Vinvl Institute Wayne Interchanqe Plaza TI 155 Route 46 West Wayne, New Jersey 07470 Re: SPI v. EPA; 1986 Amendments to the Vinyl Chloride Standard Dear Rov: I today received the enclosed materials from the Environmental Protection Aqencv (EPA) in response to our May 5 meetinq and the revised settlement lanquaqe that we delivered to EPA and the Justice Department on May 6. Althouqh I have only had an opportunity to review the lanquaqe ouickly, it appears to be both favorable and similar to what we anticipated. At this iuncture, I recommend that the attached lanquaqe be circulated to the Institute members for their review and determination of acceotabi1itv. As with the earlier materials, while the settlement proposal can be discussed amonq vinvl Institute members, no public release is authorized. We CTL028641 Rov T. Gottesman June P, 1997 Paqe 7. Keller and Heckman look forward to receivinq everyone's comments on the proposed settlement lanquaqe. Cordially vours Enclosures cc: (w/encl.) Rohert D. Luss, Esq. W. C. Holbrook Charles E. O'Connell Lewis R. Freeman Peter L. de la Cruz CTL028642 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 June 3, 1987 OFFICE OF general counsel Mr. Peter L. de la Cruz Keller and Heckman 1150 17th Street, N.W. Washington, D.C. 20036 Dear Peter: I have enclosed a second draft of possible revisions to the vinyl chloride NESHAP, developed in response to your petition for reconsideration of selected provisions of that regulation. This draft incorporates EPA staff's responses to your suggestions at our May 5, 1987 meeting. I hope this document can serve as the basis for a settlement agreement. Enclosure Richard Roos-Collins Attorney Air & Radiation Div. (LE-1 32A) CTL028643 CONFIDENTIAL: FOR USE ONLY IN SETTLEMENT NEGOTIATIONS IN SOCIETY OF PLASTICS INDUSTRY V. EPA SUGGESTED REVISIONS TO VINYL CHLORIDE NESHAP' (June 2, iy7) 1. Definition of an exhaust gas Add to the definition of "exhaust gas": A leak as defined in paragraph (w) of this section is not an exhaust gas. Equipment which contains exhaust gas is subject to Section 61.65(d)(8), whether or not that equipment contains 10 percent by volume vinyl chloride. 2. Definition of Relief Valve Discharge Revise S 61.61(y) to read: (y) "Relief Valve Discharge" means any non-leak dis charge through a relief valve. Revise the first sentence of 61.65(a) as follows: (a) Relief Valve Discharge. Except for an emergency relief discharge and, except as provided in paragraph 61.65(d), there is to be no discharge to the atmosphere from any relief valve on any equipment in vinyl chloride service. Add a new paragraph 61.65(d) as follows: - (d) A relief valve discharge that is ducted to a control device that is continually operating while emissions from the release are present at the device is subject to the following requirements: (i) A discharge from a control device other than a flare shall not exceed 10 ppm (average over a 3-hour period) as determined by the continuous emission monitor system required under i 61.68. Such a discharge is subject to the requirements of S 61.70. (ii) For a discharge routed to a flare, the flare shall comply with the requirements of S 60.18. ((a)) Flare operations shall be monitored in accordance with the requirements of paragraphs 60.18(d) and 60.18(f)(2). For the purposes of paragraph 60.18(d), the volume and component concentration of each relief valve discharge shall be estimated and calculations shall be made to verity on-going compliance with the design and operating CTL028644 2 requirements of paragraphs 60.18(c)(3) through (c)(6). If more than one relief valve is discharged to a single flare, these calculations shall account for the cumulative effect of all such relief valve discharges. These calculations shall be made and reported quarterly for all discharges within the quarter. Failure to comply with any of the requirements of this paragraph will be a violation of V 61.65(d)(ii). Monitoring for the presence of a flare pilot flame shall be conducted in accordance with paragraph bO.18(f)(2). If the results of this monitoring or any other information shows that the pilot flame is not present 100 percent of the time during which a relief valve discharge is routed to the flare, the relief valve discharge is subject to the provisions of 5 61.65(a). ((b)) A report describing the flare design shall be provided to the Administrator not later than 90 days after the adoption of this provision or within 30 days of the installation of a flare system for control of relief valve discharges, whichever is later. The flare design report shall include calculations based upon expected relief valve discharge component concentrations and net heating values (tor PVC this calculation shall be vased on values expected if a release occurred at the instant the polymerization starts); and estimated maximum exit velocities based upon the design throat capacity of the gas in the relief valve. 3. Definition of EDC Purification Revise the definition of EDC Purification to read: "Ethylene dichloride purification" includes any part of the process of ethylene dichloride purification following ethylene dichloride formation, but excludes intermediate and final ethylene dichloride storage tanks. 4. Definition of 3-Hour Period Revise the definition of 3-hour period to read: "3-hour period" means any three consecutive 1-hour periods (each commencing on the hour), provided that the number of 3-hour periods during which the vinyl chloride concentration exceeds 10 ppm does not exceed the number of 1-hour periods during which the vinyl chloride concentration exceeds 10 ppm. CTL028645 3 5. Definition of a Leak Revise the definition of a leak to read as follows: "Leak" means any of several events that indicate interruption of confinement of vinyl chloride within process equipment. Leaks include events regulated under Subpart V of this part such as: (1) An instrument reading of 10,000 ppm or greater measured according to Method 21 (see Appendix A of 40 CFR Part b0); (2) a sensor detection of failure of a seal system, failure of a barrier fluid system, or both, (3) detectable emissions as indicated by an instrument reading of greater than 500 ppm above background for equipment designated for no detectable emissions measured according to Test Method 21 (see Appendix A of 40 CFR Part 60); and (4) In the case of pump seals regulated under Section 61.242-2, indications of liquid dripping. Leaks also include events regulated under S 61.65(b)(8)(i) for detection of ambient concentrations in excess of background concentration. A relief valve discharge is not a leak. Revise Section 61.242-2(d) as follows: (d) Each pump...is exempt from the requirements of paragraphs (a), and (b) provided..." (1) [No change] (2) [No change] (3) lNo change] (4) [No change] (i) If there are indications of liquid dripping from the pump seal at the time of the weekly inspection, the pump shall be monitored by the method specified in S 61.245(d) to determine the presence of VOC and VHAP in the barrier fluid. (ii) If the monitor reading (taking into account any background readings) indicates the presence of VHAP, a leak is detected. For the purpose of this paragraph, the monitor may be calibrated with VHAP, or may employ a gas chromotography column to limit the response of the monitor to VHAP, at the option of the owner/operator. CTL028646 4 (iii) It an instrument reading ot 10,UU0 ppm or greater (total VOC) is measured, a leak is detected. (5) Each sensor as described in paragraph (d)(3) of this section is checked daily or is equipped with an audible alarm. (6)(i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicate failure of the seal system, the barrier fluid system, or both. (ii) If there are indications of liquids dripping from the pump seal, or the sensor indicates failure of the seal system, the barrier fluid system, or both, based on the criteria determined in paragraph (6)(i), a leak is detected. (iii) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in 61.242-10. (iv) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. CTL028647