To: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

From: "Walker, J.C." <Walker@khlaw.com> Date: 12/29/2011 02:20PM Cc: "de la Cruz, Peter L." <Delacruz@khlaw.com>, "Echols, Mabel E." <Mabel_E._Echols@omb.eop.gov>, Penny Lassiter/RTP/USEPA/US@EPA, Jodi
H oward/RTP/USEPA/US@EPA, "Richard M. Doyle" <ddoyle@vinylinfo.org> Subject: Re: Background Materials for Review of PVC MACT Rulemaking (See attached file: Vinyl Institute Letter RE PVC MACT.pdf) (See attached file: US PVC Resin Operations Poster_Start to Finish 12

- 2

- 11.pdf) (See attached file: Vinyl Institute Suggested Checklist for Review of Final PVC MACT Rule
12

- 28

- 11dd.pdf) (See attached file: Final VI PVC MACT IHS EIA Report 12

- 28

- 11.pdf) (Se e attached file: Vinyl Institute Key Issues With Proposed PVC MACT Standard 12 29 11.pdf)



# Cortney (resent with additional file),

Following up on my voicemail earlier this morning, please
find attached several documents intended to facilitate your discussions with the Vinyl Institute and its members scheduled for 10 am on January 5, 2012. The enclosed
documents include:

1. A letter from Richard M. Doyle, VI President and Chief Executive Of ficer;
2. Vinyl Institute’s Key Issues with the Proposed PVC MACT Standard;
3. U.S. PVC Resin Operations Start

- to

- Finish flowchart;
4. Checklist of issues that need to be addressed in the final PVC MACT rule; and
5. IHS Global Insights Report: “The Economic Impa ct of Proposed PVC MACT Rule on Resin Producers, Processors and the U.S. Economy,” December 2011.


# Our client and its members appreciate the opportunity to meet with you and other appropriate OMB staff to
discuss their concerns about this critical rulemakin g. We also appreciate your flexibility in scheduling this meeting.

# We understand, however, that the date may have to change if your office does not receive the draft final PVC MACT from EPA before January 5. Given that OMB does not appear to have rec eived the rule from EPA (according to Regingo.gov), and given the January 13, 2012 Settlement Agreement deadline, we remain concerned about the uncertainty surrounding this meeting, and possible timing constraints on OMB's review of the rule.

In partic ular, many of our meeting participants will be coming in from out of town and need to finalize their travel arrangements within the next day or so. Moreover, several are scheduling overseas trips around this meeting date and may incur significant penaltie s if the meeting changes at the last minute. Accordingly, we would appreciate any information you can provide to us concerning the rule's arrival at OMB, and a firm confirmation of the January 5 meeting date. Otherwise, we look forward to meeting with yo u to discuss the PVC MACT, and as always, please do not hesitate to contact me if you have any questions or concerns.

Best regards,

JC

--

### Jean

- Cyril Walker

Partner Tel: 202.434.4181 | Fax 202.434.4646 | walker@khlaw.com 1001 G Street, N.W., Suite 500 West | Washington, D.C. 20001

Keller and Heckman LLP Serving Business through Law and Science®



### Washington, D.C. | 

### Brussels | 

### San Francisco | 

### Shanghai



# Visit our websites at www.khlaw.com for additional information

on Keller and Heckman.



# -

From: Cortney Higgins < Cortney_Higgins@omb.eop.gov >
Date: Mon, 19 Dec 2011 09:17:49

- 0500

To: Jean

- Cyril Walker < walker@khlaw.com >
Cc: Peter de la Cruz < Delacruz@khlaw.com >, "Echols, Mabel E." < Mabel_E._Echols@omb.eop.gov > Subject: RE: Background Materials for Review of PVC MACT Rulemaking

Hi J.C.,

Thank you for your email. I’ve copied Mabel Echols on this email, who can work with you to schedule a meeting.

Mabel, this is for RIN 2060

– AN33 (National Emission Standards for Hazardous Air Pollutants (NESHAP): Polyvinyl Chloride and Copolymers Production, Amendments), which has a settlement agreement deadline of 1/13/2011.

Regards,

CortneyFrom: Walker, J.C. [ mailto:Walker@khlaw.com ]

Sent: Wednesday, December 14, 2011 5:15 PM
To: Higgins, Cortney Cc: de la Cruz, Peter L. Subject: Re: Background Materials for Review of PVC MACT Rulemaking Importance: High



## Cortney,

I do not mean to be paranoid, but given the schedule EPA agreed to with the Sierra Club, we expected the PVC MACT to be at OMB by now. We just wanted to confirm that it has not yet arrived. Under the circumstances, perhaps we could go ahead and schedule a mee ting with OMB for PVC industry stakeholders in January under the assumption that the rule will be at OMB by the end of the year. It may be more difficult to finalize such arrangements as we get closer to the holidays.

Best regards,

JC

--

Jean

- Cyri l Walker Partner Tel: 202.434.4181 | Fax 202.434.4646 | walker@khlaw.com 1001 G Street, N.W., Suite 500 West | Washington, D.C. 20001

Keller and Heckman LLP

### Serving Business through Law and Science®



### Washington, D.C. | 

### Brussels | 

### San Francisco | 

### Shanghai

Visit our websites at www.khlaw.com for additional information on Keller and

Heckman.



## -

From: Cortney Higgins < Cortney_Higgins@omb.eop.gov >
Date: Thu, 10 Nov 2011 10:57:43

- 0500

To: Jean

- Cyril Walker < walker@khlaw.com >
Cc: "Echols, Mabel E." < Mabel_E._Echols@omb.eop.gov > Subject: RE: Background Materials for Review of PVC MACT Rulemaking

Hi JC,

Thank you for your email, along with the supporting information.

The final rule is not yet here for review, but once it is, you can work with Mabel Echols (copied above) to schedule an EO 12866 meeting. You can check our website to see when the rule is submitted for review: http://www.reginfo.gov/public/do/eoReviewSearch

. The rule has the RIN 2060

- AN33 and title National Emission Standards for Hazardous Air Pollutants (NESHAP): Polyvinyl Chloride and Copolymers Production, Amendments.

Please let me know if you have any questions.

Regards,

Cortney

From: Walker, J.C. [ mailto:Walker@khlaw.com ]
Sent: Thursday, October 27, 2011 5:43 PMTo: Higgins, Cortney

Cc: de la Cruz, Peter L. Subject: Background Materials for Review of PVC MACT Rulemaking

Cortney,

I trust you are well. I wanted to follow

- up on our conversation a few weeks ago about EPA's forthcoming PVC MACT rulemaking, and the concerns of the PVC industry over the rule's scope and economic impact, if promulgated as proposed. As we discussed, the industry submitted over a 120 pages of comments, 800 pages of attachment and megabytes of emissions data to EPA setting out their technical concerns with the rule.

Every indication we have receiv ed to date from the Agency suggests that they are taking our comments seriously, are reviewing our conservative analyses and making use of the copious amounts of actual emissions and test data we provided. As the
attached letter to Assistant Administrator Gina McCarthy makes clear, the industry has nothing but praise for the professionalism and dedication of the EPA staff working on this rulemaking.

The staff's work has been particularly notable given the intrinsic complexities of the PVC manufacturing process, and the constrained rulemaking schedule imposed on the Agency by the Settlement Agreement governing the rulemaking schedule. But this is also precisely the basis for our concern. As we note in the executive summary enclosed with the letter to A ssistant Administrator McCarthy, the fact that not a single PVC facility can meet the proposed limits for stripped resin illustrates t he challenges of this rulemaking.

Indeed, as the enclosed cost

- estimate we recently sent to EPA indicates, the stakes are quite high, and a mistake in the final rule could be devastating to the industry, and more importantly, propagate catastrophe down the supply chain to unrelated
industries. Yet our ask is quite simple and similar to that requested of Ms. McCarthy. We merely are requesting that OIRA exercise close scrutiny of the rule when it is submitted for E.O. 12686 review, to ensure that appropriate time was taken to review and address all the technical issues raised by the industry, and that the Agency has consid ered all the intended and unintended consequences of its decisionmaking.

As we discussed, the industry fully intends to request a meeting with you and other appropriate OMB staff once the rule arrives in your offices for review. In the interim, we trust that the attached information provides sufficient background and an adequate explanation of our concerns. Of course, please do not hesitate to ask if you need more information.

Best regards,JC

--

Jean

- Cyril Walker Partner Tel: 202.434.4181 | Fax 202.434.4646 | walker@khlaw.com 1001 G Street, N.W., Suite 500 West | Washington, D.C. 20001

Keller and Heckman LLP Serving Business through Law and Science®

Was hington, D.C. | Brussels | San Francisco | Shanghai

Visit our websites at www.khlaw.com for additional information on Keller and Heckman.

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