James C' Kenney, Environmental Engineer U'S' Environmental Protection Agency Middle Atlantic Regiona

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James C. Kenney, Environmental EngineerU.S.
Environmental Protection Agency Middle Atlantic
Regional Officekenney.james_at_epa.gov

• Vinyl Chloride Emission Reduction Strategies
• How U.S. EPA Enforcers Working With Industry
  Achieved Results
• March 1, 2006
• Atlanta, Georgia

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Overview

• Introduction
• Brief Chronology
• Research Methodology
• Implementation
• Developments
• Conclusion

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Introduction

• The Vinyl Chloride Project
• a multimedia targeting approach for improved
  human health and environmental benefits
• a method to trace the impact of a chemical across
  all statutes
• a single focus of reducing the total amount of a
  chemical, regardless of the environmental pathways

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Introduction

• The Vinyl Chloride Pilot Project
• does not change existing laws, regulations or
  Agency decisions
• does not create new regulatory authorities

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Introduction

• The Vinyl Chloride Pilot Project
• Requires compliance with existing permits and
  regulations
• Seeks injunctive relief, economic benefits and
  civil penalties (where appropriate)
• Creatively uses existing EPA policies to seek
  additional reductions

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Brief Chronology

• July 2001GAO determined EPA needed a strategic
  approach to deploying resources nationally
• November 2001EPA Region III began researching
  the regulatory and environmental impact of
  pollutants crossing media boundaries

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Brief Chronology

• April 14, 2004
• EPA Headquarters selected the Vinyl Chloride
  Project as a National pilot for a workforce
  deployment pilot in response to GAOs concerns
• EPA Region III was asked by EPA Headquarters to
  lead the National pilot and develop a team
  consisting of Regions 2, 4, 5, 6 and the other
  EPA offices

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Research Methodology
Step 1 Environmental Indicator Development
Legal Analysis and Chemical Literature Review
Step 2 Environmental Data
Step 2 Non-Environmental Data
Step 4 Build Expertise Target, Inspect and
Case Development
Step 3 Identify Industry and/or Processes
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Research Methodology

• Step 1 Identify environmental indicators
• Example National Air Toxics Assessment (NATA)
  data and Ozone Non-Attainment Status
• Step 2 Holistically integrate environmental,
  non-environmental data and environmental justice
  indicators
• Example Public health data
• All Cause Mortality Rates
• Cancer Mortality Rates
• Infant Mortality Rates
• Infant Low Birth Rate
• Pediatric Asthma Attacks
• Steps 1 and 2 yielded six chemicals of concern

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Research Methodology

• Chemicals of concern
• Acetaldehyde
• Propylene Dichloride
• Ethylene Oxide
• Dichloromethane
• Trichloromethane
• Vinyl Chloride

All six chemicals are probable or known
carcinogens regulated under many Federal / State
laws and volatilize at standard atmospheric
conditions.
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Research Methodology
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Research Methodology
Vinyl Chloride Emissions Data (Source TRI)
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Research Methodology

• Step 3 Identify industries / processes
• Of all the vinyl chloride emitting industries,
  Chemicals and Allied Products emits 500 times
  more than the next largest vinyl chloride
  emitting industry
• Step 4 Build technical and legal expertise
• Plastics Fundamentals class through Penn State
  University
• RCRA Unraveled by McCoys and Associates
• Develop multimedia regulatory policy guidance
  compendium
• Monitor Plastics News for PVC manufacturing and
  trends

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Research Methodology

• Research evidence focused on vinyl chloride
  fromPVC manufacturing facilities
• Known human carcinogen
• Ozone precursor
• NOx VOC Ozone
• High ambient air concentrations according to NATA
  data
• Volatilizes from liquid to gas at room
  temperature
• Active trade, industry and environmental groups
• Regulated under CAA, CWA, RCRA, EPCRA, and CERCLA

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Research Methodology
Vinyl Chloride (CAS 75014)
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Research Methodology
Compiled by U.S. EPA Region from publicly
available data sources.
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Implementation
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Implementation Occidental Chemical
Corp. Pottstown, Pennsylvania

• January/February 2003EPA and State
  representatives conduct a processed-based,
  multimedia investigation
• October 1, 2003EPA files a multimedia
  administrative order and complaint
• July 9, 2004EPA and Occidental settle the
  multimedia action for 1.1 million and a 26 ton
  reduction of vinyl chloride. Alleged counts
  included CAA, CERCLA, CWA, EPCRA, RCRA and SPCC

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Implementation Occidental Chemical
Corp.Pottstown, Pennsylvania

• Strategy
• Vinyl chloride reductions paramount
• Public Health / Environmental Benefits
• 26 ton reduction of vinyl chloride
• Settlement Summary
• 1.1 million dollar settlement
• Nominal injunctive relief
• 900,000 in SEPs to reduce 26 tons of vinyl
  chloride, retire emission reduction credits and a
  water usage reduction
• 150,000 in civil penalty

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Implementation Formosa Plastics Corp. Delaware
City, Delaware

• June 2003EPA and State representatives conduct a
  processed-based, multimedia investigation
• September 2004U.S. Department of Justice, EPA
  and State meet with Formosa to establish
  prerequisites for negotiation, including a six
  month, closed-loop negotiation process
• March 2005Consent decree signed by all parties.
  Counts included CAA, CERCLA, CWA, EPCRA, RCRA
  and SPCC.
• June 2005Consent decree lodged, opportunity for
  public comment begins
• September 2005Consent decree entered by court

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Implementation Formosa Plastics Corp.Delaware
City, Delaware

• Strategy
• Prerequisites for settlement
• Sixth month closed-loop negotiations
• Vinyl chloride reductions beyond Federal State
  permitted levels
• Performance of SEP in addition to beyond
  compliance reductions
• Unified DOJ, EPA and State legal, technical and
  management team
• Public Health and Environmental Benefits
• 18 ton reduction of vinyl chloride immediately
• Incentive based 10 ton reduction of vinyl
  chloride within three years
• Settlement Summary
• 1.8 million dollar settlement
• 450,000 in injunctive relief
• 847,000 in SEPs and incentive projects to reduce
  vinyl chloride
• 450,000 in civil penalty

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Implementation

• To date, EPA has assessed the multimedia
  compliance status of
• 83 of the facilities engaged in the manufacture
  of PVC in the U.S.
• 95 of the U.S. manufacturing capacity
• 90 of the corporations engaged in the
  manufacture of PVC in the U.S.

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Developments

• Common issues emerging in all media programs
• Leak Detection and Repair (CAA)
• Sampling and Analysis (CAA, CWA, RCRA)
• Surface Impoundments (CAA, CWA, RCRA)

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Developments

• EPA Regulatory Developments
• Clean Water Act Effluent Guidelines
• Clean Air Act MACT Remand
• Federal and State Coordination
• New VCM and PVC plants
• Federal Government Coordination
• Chemical Hazard and Safety Board
• Industry and Trade Group Outreach
• Environmental Best Practices of PVC Production

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Developments

• Beyond PVC and vinyl chloride
• Various Regions are using this targeting approach
  for other chemicals
• Propylene dichloride
• Methylene chloride
• Styrene

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Conclusion

• A single focus of reducing the total amount of a
  chemical, regardless of the environmental
  pathway, has lead to the development novel
  settlement techniques for EPA and industry.
• This approach combines the best concepts from
  innovative EPA programs (such as Project XL) with
  traditional enforcement concepts to obtain
  unprecedented environmental and public health
  benefits.