### MEMORANDUM

TO: Polyvinyl Chloride and Copolymers (PVC) NESHAP docket ( EPA

- HQ

- OAR

200 2

- 0 037)

FROM: Jodi Howard, US EPA/OAQPS/SPPD/RCG

DATE: February 13, 2012

SUBJECT: Call between EPA, Governor of DE's DC office and Formosa (2

- 13

- 12;

11:30 am

- 12:00 pm)

Attendees: Bob Kelley and John Pastuck (Formosa)

Missy Weir (Office of the Governor (DE)

- Washington, DC)

Sarah Pallone (Office of Congressional and Intergovernmental Relations

- EPA)

Steve Page and Penny Lassiter (Office of Air Quality Planni ng and Standards

- EPA)

A conference call was held on February 13, 2012 between the US EPA, the Office of the

Governor of Delaware, and Formosa Plastics Corporation, USA to discuss concerns expressed by

the Governor's Office and Formosa. Bob Kelley of For mosa, expressed concerns about his

company not being able to comply with the limits proposed in the PVC MACT proposed rule (5

-
20

- 11). Steve Page of the US EPA, explained that while the contents of the final rule could not

be shared prior to finalization o f the rule, EPA had heard their concerns about the proposed

emission limits and the need for additional subcategories. Mr. Page also indicated that the EPA

had taken into consideration the additional information supplied by Formosa after the rule was

propo sed in developing the final PVC MACT.From: Steve Page/RTP/USEPA/US

To: Penny Lassiter/RTP/USEPA/US@EPA

Date: 02/13/2012 12:16 PM Subject: Fw: Information Update - Subject has changed: Sent by: Lala Alston

----- Forwarded by Lala Alston/RTP/USEPA/US on 02/13 /2012 12:16 PM -----

Information Update - Subject has chan ged:

Mon 02/13/2012 11:30 AM - 12:00 PM

Attendance is required for Steve Page

Chair:

Sarah Pallone/DC/USEPA/US

Location:

Conference Dial In: 202-566- 2263

Sarah Pallone

Since the rule has not been signed, we are not briefing on the content of the proposal. Please accept my apologi es for any

confusion.

Required: Arvin Ganesan/DC/USEPA/US@EPA, JanetMcCabe/DC/USEPA/US@EPA, jpastuck@fpcusa. com,

missy.wier@state.de.us, Penny Lassiter /RTP/USEPA/US@EPA, Peter Tsirigotis/RTP/USEPA/US@EPA, r kelley@fpcusa.com, Steve Page/RTP/USEPA/US@EPA

Please use this dial in conference number: 202-56 6-2263From: Sarah Pallone/DC/USEPA/US

To: "John Pastuck/FPC Environmental Dept." <jpastuck@fpcu sa.com> Cc: Janet McCabe/DC/USEPA/US@EPA, missy.wier@state.de.u s, "Robert Kelley/FPC Environmental Safety" <rkelley@fpcusa.com>, Peter Tsirigotis/RTP/ USEPA/US@EPA, Penny Lassiter/RTP/USEPA/US@EPA, Steve P age/RTP/USEPA/US@EPA

Date: 02/13/2012 10:46 AM Subject: Re: FW: from Delaware Governor Jack Markell

Thank you for your quick response. I will set this up a nd will send dial in information shortly.

Sarah Hospodor-Pallone Deputy Associate Administrator for Intergovernmental Relations

Office of the Administrator

202-564-7178 pallone.sarah@epa.gov

From: "John Pastuck/FPC Environmental Dept." <jpastuck@f pcusa.com> To: Sarah Pallone/DC/USEPA/US@EPA, Janet McCabe/DC/US EPA/US@EPA Cc: "Robert Kelley/FPC Environmental Safety" <rkelley@fpcusa.com>, <missy.wier@state.de.u s> Date: 02/13/2012 10:38 AM Subject: FW: from Delaware Governor Jack Markell

Dear Ms. Pallone and Ms. McCabe,

Thank you for the offer to assist Formosa Plastics. We understand that the rule is out of OMB and is ready to be signed by A dministrator Jackson, perhaps as early as today. We would very much l ike to discuss our options going forward as this rule has very seri ous consequences for our operations in Delaware and Texas.

In fact, if the rule is finalized as proposed, certai n segments of the entire PVC Industry would be forced to cease operation s (Dispersion, Copolymer and Blending resins), thereby causing sign ificant economic impact to the PVC industry and its related supply chain and customers. Formosa's Specialty PVC operations in Delaware could not produce its resins and be in compliance with the proposed RVCM li mits in the rule as

it now stands.

As a company, we have recently invested hundreds of mi llions of dollars in a new specialty PVC facility in Texas. Both of th ese facilities would be forced to shutdown in the next two years with the direct effect being the loss of hundreds of jobs. In addition, i f our Specialty PVC units are not producing resin, then upstream product ion of vinyl chloride monomer, chlorine and caustic will also be se riously impacted.

Please let me know when you might be available to dis cuss this situation with me and Bob Kelley, our Vice President of Environ ment, Safety &Communications.

John Pastuck Director, Corporate Environment, Health & Safety Formosa Plastics Corporation, U.S.A.

9 Peach Tree Hill Road Livingston, NJ 07039

Phone: 973-716-7387

Fax: 973-716-7283 jpastuck@fpcusa.com

From: Jackson Alan (Governor) Sent: Saturday, February 11, 2012 4:32 PM To: Levin Alan (DEDO) Cc: Wier Missy (Governor) Subject: from Delaware Governor Jack Markell

Alan,

I spoke today with Lisa Jackson, Administrator of EPA, a s a result of our meeting yesterday with the leadership team from t he Formosa Plastics facility in Delaware City.

I explained the issue related to us by Formosa regar ding the order to be executed on Monday on limits for residual vinyl chlorid e monomer (RVCM).

Although Administrator Jackson was not at liberty to te ll me the revised figure (rather than 1250 ppm to 55 ppm), she did of fer to have somebody from her team speak to the appropriate official of F ormosa on Monday before she signs the order. She did explain the or der is being signed after months of public comment and deliberation.

I understand that you will be reaching out to the fol ks from Formosa. By copy of this email, I am ccing Missy Wier, who runs t he Washington,

DC office for the state of Delaware.

Missy will be able to provide contact info for Formosa after speaking

with Sarah Pallone of EPA. Ms. Pallone works in the intergovernmental office at EPA and according to Adminisrator Jackson, will orchestrate a conversation between Formosa and the appropriate off icial at EPA.

Many thanks,

Jack Markell Governor, State of Delaware

__________________________________________________This communication is solely for use by the intended re cipient and may

contain information that is privileged, confidential or copyrighted under applicable law. If you are not the intended reci pient, you are hereby formally notified that any use, copying or distr ibution of this communication, in whole or in part, is strictly prohibi ted. Unless explicitly stated, this communication does not constit ute a contract offer, a contract amendment, or an acceptance of a contr act offer. This

communication also does not constitute consent to the u se of sender's contact information for direct marketing purposes or fo r transfers of data to third parties.From: "Wier Missy (Governor)" [missy.wier@state.de.us]

Se nt: 02/11/2012 02:22 PM GMT

To: Sarah Pallone Subject: RE: Call w Gov Markell

Hi Sarah- Thanks for getting back to me. He would like to talk to her before the PVC MACT standards are finalized. I heard that is Monday,

but let me know if it's later in the week. The reason is because we have a company in DE that has raised some very serious concerns with him about the impact that this could have on their DE plant, which would result in job losses. It would be very helpful if he could chat with her before that. Feel free to call my cell at any point this weekend if it would help to chat- . Thanks so much for your help.

Missy

________________________________________ From: Sarah Pallone [Pallone.Sarah@epamail.epa.gov] Sent: Friday, February 10, 2012 11:17 PM To: Wier Missy (Governor) Subject: Re: Call w Gov Markell

Hi Missy,

I'm sorry, just seeing this now. Is this an urgent request, or can the

call be scheduled next week?

----- Original Message ----- From: "Wier Missy (Governor)" [missy.wier@state.de.us]

Sent: 02/10/2012 09:04 PM GMT

To: Sarah Pallone Subject: Call w Gov Markell

Hi Sarah- hope you are well. Can you give me a call on my cell at your

earliest convenience to discuss a time sensitive matter for Gov Markell? Thank you so much. My cell is

.