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OAR Box 1107 

Prepped by Ollie Stewart 

Document Number: 

2DVI-A-5 

Docket Number: 

A-81-21 

Printed 4/11/2008 3:03:45 PM Sheet 21 of 90 
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#-?l-£f 

1/1-4-3' 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

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l^ttiil'V '*! THE PLASTICS 

INDUSTRY, INC., THE DOW CHEMICAL 

COMPANY, GEORGIA GULF CORPORATION 

and VISTA CHEMICAL COMPANY, 

Petitioners, 

v. 

UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY and LEE THOMAS, 

Administrator, U.S.E.P.A., 

Respondents. 

No. 86-1640 

JOINT MOTION FOR STAY 

Pursuant to Rule 27 of the Federal Rules of Appellate 

Procedure and Rule 6 of the Local Rules, petitioners The Society 

of the Plastics Industry, Inc., et al., ("SPI") and respondents 

United States Environmental Protection Agency, et al., (*EPA*) 

jointly move to stay this proceeding in order to permit 

implementation of the attached Settlement Agreement. In support 

of this motion, SPI and EPA state as follows: 

1. In this proceeding, SPI seeks review of a final 

rule revising the national emission standard for vinyl chloride 

under section 112 of the Clean Air Act, 42 U.S.C. § 7412. 51 

Fed. Reg. 34,904-34,915 (Sept. 30, 1986). 

2. SPI and EPA have executed the attached Settlement 

Agreement. Under Paragraph 3 of the Settlement Agreement, SPI 

will voluntarily dismiss the present petition for review within 

fifteen days from the date EPA takes final action on revisions to 

the vinyl chloride standard that EPA intends to propose. 
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3. SPI and EPA request the Court to stay this action 

pending further order of the Court in order to permit 

implementation of the Settlement Agreement. 

Respectfully submitted, 

ROGER J. MARZULLA 

Assistant Attorney General 

Land & Natural Resources Division 

JEROME H. HECKMAN 

PETER DE LA CRUZ 

Keller and Heckman 

1150 17th Street, N.W. 

Suite 1000 

Washington, D.C. 20036 

(202) 956-5600 

GARY H. BAISE J ' 

ROBERT BRAGER 

Beveridge & Diamond 

1333 New Hampshire Ave., N.W. 

Suite 900 

Washington, D.C. 20036 

(202) 828-0200 

Counsel for The Society of 

the Plastics Industry, Inc. 

STEPHEN L. SAMWELS, ([Attorney 

Environmental Defense Section 

U.S. Department of Justice 

P.O. Box 23986 

Washington, D.C. 20026-3986 

(202) 633-3719 

RICHARD ROOS-COLLINS, AtfofTM 

United States Environmental 

Protection Agency 

401 M Street, N.W. 

Washington, D.C. 20460 

(202) 382-7634 

Counsel for Environmental 

Protection Agency 

Dated: June 30, 1988 

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IN THE UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

THE SOCIETY OF THE PLASTICS 

INDUSTRY, INC., THE DOW CHEMICAL 

COHPANY, GEORGIA GULF CORPORATION 

and VISTA CHEMICAL COMPANY, 

Petitioners, 

v. 

UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY and LEE THOMAS, 

Administrator, U.S.E.P.A., 

Respondents. 

No. 86-1640 

SETTLEMENT AGREEMENT, 

Petitioners, the Societ y of the Plastic s Industry, 

Inc. , e t al., ("SPI") and respondents, United States 

Environmental Protection Agency, e t al., ("EPA") hereby stipulat e 

and agree as follows: 

1. On September 30, 1986, EPA published a final rul e 

revisin g the national emission standard for vinyl chloride ("the 

viny l chloride standard*) under sectio n 112 of the Clean Air Act, 

42 U.S.C. § 7412. 51 Fed. Reg. 34,904-34,915 ('the 1986 

Amendment*). The 1986 Amendment i s the subjec t of the abovecaptioned petition for review, which SPI file d on November 26, 

1986. 

2. EPA intends t o propose furthe r revisions t o the 

viny l chloride standard. Those proposed revisions will include 

t h e changes described in Exhibit A hereto . 

3. SPI will voluntaril y dismiss this petition for 

review within fifteen (15) days from the date EPA takes fina l 
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action on the proposed revisions to the vinyl chloride standard. 

Each party will bear its own costs, including attorney's fees. 

4. Nothing in this agreement shall preclude SPI from 

seeking judicial review of the final action to be taken by EPA on 

the revisions to the vinyl chloride standard. However, SPI will 

not seek judicial review of any provision that is substantially 

similar to a provision in Exhibit A or is more favorable to SPI. 

5. SPI and EPA will file a joint motion for stay in 

No. 86-1640 in order to permit implementation of this Settlement 

Agreement. 

Respectfully submitted, 

ROGER J. MARZULLA 

Assistant Attorney General 

Land & Natural Resources Division 

^ Cu& 

TEROME H. HECKMAN 

PETER DE LA CRUZ 

Kelle r and Heckman 

1150 17th Street, N.W. 

Suit e 1000 

Washington, D.C. 20036 

(202) 956-5600 

AKUEI STSPtfEN L. SAHUELS ,\ Attorne '4t2&&. 4 y 

Environmental Defense Section 

U.S. Department of Justic e 

P.O. Box 23986 

Washington, D.C. 20026-3986 

(202) 633-3719 

;ARY H. BAlSEy T*^ RICHARD^^ROOS-COLLINS7 AttonWjfW 

tOBERT BRAGER United State s Environmental \ 

GARY 

ROBERT BRAGER 

Beveridge 6 Diamond 

1333 New Hampshire Ave., N.W. 

Suit e 900 

Washington, D.C. 20036 

(202) 828-0200 

Counsel for The Society of 

t b e Plastic s Industry, Inc . 

Dated: June 30, 1988 

UCHARD R0OS-C0LLINS7 Attorrie^f 

United State s Environmental 

Protection Agency 

401 M Street, N.W. 

Washington, D.C. 20460 

(202) 382-7634 

Counsel for Environmental 

Protection Agency 

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Exhibit A 

DRAFT REVI8I0N8 TO VINYL CHLORIDE NESHAP 

1. Definition of an exhaust oas 

Add at tha end of the definition of "•xhaust gas," 

f 61.61(x): 

A leak as defined in paragraph (w) of this section is not an 

exhaust gas. Equipment which contains exhaust gas is subject to 

S 61.65(b)(8), whether or not that equipment contains 10 percent 

by volume vinyl chloride. 

2. Definition of Relief Valve Discharge 

Revise S 61.6l(y) to read: 

(y) "Relief Valve Discharge" means any non-leak discharge 

through a relief valve. 

3. Regulatory Scheme for Relief Valve Discharge 

Revise S 61.65(a) to read: 

(a) Relief Valve Discharge. Except for an emergency relief 

discharge, and except as provided in § 61.65(d), there is to be 

no discharge to the atmosphere from any relief valve on any 

equipment in vinyl chloride service. An emergency relief 

discharge means a discharge which could not have been avoided by 

taking measures to prevent the discharge. Within 10 days of any 

relief valve discharge, except for those subject to § 61.65(d), 

tne owner or operator of the source at which the relief valve 

discharge occurs shall submit to the Administrator a report in 

writing containing information on the source, nature and cause of 

tne discharge, the date and time of the discharge, the 

approximate total vinyl chloride loss during the discharge, the 

method used for determining the vinyl chloride loss (the 

calculation of the vinyl chloride loss), the action that was 

taken to prevent the discharge, and measures adopted to prevent 

future discharges. 

Add a new § 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: 
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(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 § 61.68. Such a discharge is subject to the requirements 

of § 61.70. 

(ii) For a discharge routed to a flare, the flare shall 

comply with the requirements of § 60.18. 

((a)) Flare operations shall be monitored in 

accordance with the requirements of SS 60.18(d) and 60.18(f)(2). 

For the purposes of § 60.18(d), the volume and component 

concentration of each relief valve discharge shall be estimated 

and calculations shall be made to verify on-going compliance with 

tbe design and operating requirements of SS 60.18(c)(3) through 

(c)(6). If more than one relief valve is discharged 

simultaneously 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 S 61.65(d)(ii). Monitoring for the presence of a 

flare pilot flame shall be conducted in accordance with 

S 60.18(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 S 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 valves (for PVC this calculation 

shall be based 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. 

4. Definition of Ethylene Dichloride Purification 

Revise the definition of ethylene dichloride purification, 

f 61.61(o)# 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. 
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5. Definition of 3-Hour Period 

Revise tha definition of 3-hour period, § 61.61(c), 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. 

6. Definition of a Leak 

Revise tha definition of a leak, $ 61.61(v), to read: 

"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 60); (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 

f 61.242-2, indications of liquid dripping constituting a leak 

under § 61.242-2. Leaks also include events regulated under 

f 61.65(b)(8)(i) for detection of ambient concentrations in 

excess of background concentration. A relief valve discharge is 

not a leak. » 

7. Regulatory Scheme for Leak 

Revise § 61.242-2(d) as follows: 

(d) Each pump equipped with a dual mechanical seal system 

that includes a barrier fluid system is exempt from the 

requirements of paragraphs (a) and (b), provided the following 

requirements are met: 

(1) [No change] 

(2) [No change] 

(3) [No change] 

(4) [No change] 
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(i) If there are indications of liquid dripping from 

the pump seal at the time of the weekly inspection, the pump 

shall be monitored as specified in § 61.245 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 chromatography column 

to limit the response of the monitor to VHAP, at the option of 

the owner/operator. 

(iii) If an instrument reading of 10,000 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 indications of liquids dripping from the pump 

seal exceed the criteria established in paragraph 6(i), or if, 

based on the criteria established in paragraph 6(i), the sensor 

indicates failure of the seal system, the barrier fluid system, 

or both, 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 S 61.242-10. 

(iv) A first attempt at repair shall be made no later 

than five calendar days after each leak is detected.