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OAR Box 1787 

Prepped by Ollie Stewart 

Document Number: 

95) ll-C-53 

Docket Number: 

A-90-37 

Printed 11/4/2008 10:22:20 AM Sheet 95 of 147 
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A 

i. i 

FEB 1 1994 

Mr. Randall Mathis 

Director 

Arkansas Department of Pollution 

Control and Ecology 

P.O. Box 8913 

Little Rock, Arkansas 72219-8913 

Re: Whirlpool Corporation 

/Fort Smith, Arkansas 

Dear Mr. Mathis: 

This letter is in response to the question that ve have been 

discussing at length regarding a project to substitute less 

ozone-depleting substances for those that have a greater ozone 

depleting potential. In this specific case, Whirlpool plans to 

substitute HCFC-141b for CFC-11 at its Fort Smith, Arkansas 

facility. Based on information provided to us, it appears that 

the physical changes necessary to accommodate HCFC-141b at the 

plant are not routine, and that these changes vould result in a 

net increase in emissions of ozone depleting substances at the 

plant. Hence, in the first analysis, this project vould appear 

to constitute a major modification subject to PSD reviev. For 

the reasons discussed below, however, ve believe that this 

project is eligible for exclusion from PSD as a pollution control 

project. 

It is our understanding that the proposed substitution of the 

HCFC-141b for CFC-11 is in response to the reguirement to phase 

out of CFCs under title VI of the Clean Air Act, as amended in 

1990. Under the Environmental Protection Agency's (EPA) 

regulations promulgated on December 10, 1993 (58 FR 65018), 

production and consumption1 of CFCs vill be cut to 25% of 

baseline limits in 1994 and 1995, and vill be entirely phased out 

by 1996. While EPA's rules do not prohibit Whirlpool's use of 

CFCs, such users must find substitutes because CFCs vill be 

unavailable shortly. Based on the available information, Region 

VI believes Whirlpool's project may appropriately be 

characterized as a pollution control project since its clear 

motivation is the need to respond to the title VI phaseout; it 

vill be environmentally beneficial since, taking the ozone 

6T-AN:BARRETT:deb:x7227:1/25/94:Barrett #1 (ADLTRSM3) 

File Code: ARD042755389 

6T-AN 6T-A 

LUEHRS FONTENOT 

1 Consumption is generally defined for these purposes as 

production plus exports minus imports. 

J 
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depleting potential and quantity of HCFC-141b and CFC-11 into 

account, the net ozone depleting potential of ozone depleting 

substances at the plant vill decrease; and since this project 

vill not result in an increase in production capacity of 

utilization at the plant. 

EPA's current policy is to review proposed pollution control 

projects to determine whether they should be excluded from nev 

source review based on a case-by-case assessment of the net 

emissions and overall impact on the environment. Such projects 

that are environmentally beneficial and meet certain safeguards 

may be excluded. See 57 FR 32314, 32320 (July 21, 1992). Based 

on our review of the information presented to date regarding the 

Whirlpool project, we have determined that the proposed 

substitution of HCFC-141b for CFC-11 in response to the CFC 

phaseout under title VI of the Clean Air Act will result in an 

overall environmental benefit. We understand that the annual 

emissions of HCFC-141b after the proposed switch will cause less 

stratospheric ozone depletion than current annual emissions of 

CFC-11. We also understand that the proposed switch vill not 

increase emissions of any other pollutant vhich vould impact a 

National Ambient Air Quality Standard, PSD increment, or air 

quality-related value. Further, ve understand that the proposed 

switch will not cause any cross-media harm, and will not increase 

any risk associated with toxic or hazardous air pollutants. 

Finally, we understand that this project will not increase 

production capacity at the plant or result in increased 

utilization of existing capacity. 

Consequently, based on these understandings, ve believe that 

Whirlpool's proposed substitution of HCFC-141b for CFC-11 vould 

qualify for a case-by-case exclusion from PSD reviev as a 

pollution control project. Please note, hovever, that this 

response is not intended to address PSD applicability vhere other 

concurrent changes vould increase the production capacity or 

utilization of the source. In addition, nothing in this response 

voids any applicable State Implementation Plan (SIP) or minor 

source Nev Source Reviev (NSR) requirements. Consequently, 

Whirlpool must obtain any otherwise applicable minor NSR permits 

for the conversion project. Furthermore, the public must have an 

opportunity for notice and comment consistent vith the 

requirements for minor source permitting contained in the 

applicable SIP. 

EPA is currently developing proposed changes to its NSR rules to 

reflect changes in the 1990 Amendments to the Clean Air Act and 

the Agency intends to further consider in that rulemaking the 

appropriate treatment of ozone depleting substances under the 

federal PSD regulations. EPA also is currently developing 

guidance regarding NSR applicability to pollution control and 

prevention projects. We expect that a policy memorandum on this 

issue will be available in the first half of 1994. In the 
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interim, Region VI vill provide assistance to States wishing to 

evaluate, on a case-by-case basis, proposed changes involving 

ozone depleting substances. ' 

If you have any guestions or comments, please contact me or 

Richard Barrett of my staff at (214) 655-7227. 

Sincerely yours, 

Original Signed 8 £ 

A. Stanley Meters 

A. Stanley Meiburg 

Director 

Air, Pesticides and Toxics Division (6T) 

bcc: Ms- Clara Poffenberger 

Environmental Protection Specialist 

U.S.EPA (6306W) 

Mr. Bill Tyndall 

Office of General Counsel 

U.S. EPA (6103) 

Mr. David Solomon 

Chief, NSR Section 

OAQPS (MD 15) ( 

Mr. Dennis Crumpler 

./Environmental Engineer 

V

 OAQPS (MD 15) 

Mr. Richard Ossias 

Chief, State Implementation 

Plans Branch (LE-132A) 

Willie Kelley (6T-EC) 

Terrie Mikus (6T-AG) 

6T-AN Staff