MEMORANDUM

TO: Polyvinyl Chloride and Copolymers (PVC) NESHAP docket (EPA-HQ-OAR2002-0037)

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 Planning 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 Formosa, 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 of 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 

proposed 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 changed: 

 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 apologies for any 

 confusion. 

 

 Required: 

 Arvin Ganesan/DC/USEPA/US@EPA, Janet 
 McCabe/DC/USEPA/US@EPA, jpastuck@fpcusa.com, 

 missy.wier@state.de.us, Penny Lassiter/RTP/USEPA/US@EPA, 

 Peter Tsirigotis/RTP/USEPA/US@EPA, rkelley@fpcusa.com, 

 Steve Page/RTP/USEPA/US@EPA 

 

 

 Please use this dial in conference number: 202-566-2263 
From: Sarah Pallone/DC/USEPA/US 

To: "John Pastuck/FPC Environmental Dept." <jpastuck@fpcusa.com> 

Cc: Janet McCabe/DC/USEPA/US@EPA, missy.wier@state.de.us, 

 "Robert Kelley/FPC Environmental Safety"

 <rkelley@fpcusa.com>, Peter Tsirigotis/RTP/USEPA/US@EPA, 

 Penny Lassiter/RTP/USEPA/US@EPA, Steve Page/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 and 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@fpcusa.com> 

To: Sarah Pallone/DC/USEPA/US@EPA, Janet McCabe/DC/USEPA/US@EPA 

Cc: "Robert Kelley/FPC Environmental Safety" 

 <rkelley@fpcusa.com>, <missy.wier@state.de.us> 

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 Administrator 

Jackson, perhaps as early as today. We would very much like to discuss 

our options going forward as this rule has very serious consequences for 

our operations in Delaware and Texas. 

In fact, if the rule is finalized as proposed, certain segments of the 

entire PVC Industry would be forced to cease operations (Dispersion, 

Copolymer and Blending resins), thereby causing significant 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 limits in the rule as 

it now stands. 

As a company, we have recently invested hundreds of millions of dollars 

in a new specialty PVC facility in Texas. Both of these facilities 

would be forced to shutdown in the next two years with the direct effect 

being the loss of hundreds of jobs. In addition, if our Specialty PVC 

units are not producing resin, then upstream production of vinyl 

chloride monomer, chlorine and caustic will also be seriously impacted. 

Please let me know when you might be available to discuss this situation 

with me and Bob Kelley, our Vice President of Environment, 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, as a result of 

our meeting yesterday with the leadership team from the Formosa Plastics 

facility in Delaware City. 

I explained the issue related to us by Formosa regarding the order to be 

executed on Monday on limits for residual vinyl chloride monomer (RVCM). 

Although Administrator Jackson was not at liberty to tell me the revised 

figure (rather than 1250 ppm to 55 ppm), she did offer to have somebody 

from her team speak to the appropriate official of Formosa on Monday 

before she signs the order. She did explain the order is being signed 

after months of public comment and deliberation. 

I understand that you will be reaching out to the folks from Formosa. 

By copy of this email, I am ccing Missy Wier, who runs the 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 official at EPA. 

Many thanks, 

Jack Markell 

Governor, State of Delaware 

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

Sent: 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 .