vinyl chloride emission reduction strategies:
DESCRIPTION
James C. Kenney, Environmental Engineer U.S. Environmental Protection Agency Middle Atlantic Regional Office [email protected]. Vinyl Chloride Emission Reduction Strategies: How U.S. EPA Enforcers Working With Industry Achieved Results March 1, 2006 Atlanta, Georgia. Overview. - PowerPoint PPT PresentationTRANSCRIPT
James C. Kenney, Environmental James C. Kenney, Environmental EngineerEngineerU.S. Environmental Protection Agency U.S. Environmental Protection Agency
Middle Atlantic Regional OfficeMiddle Atlantic Regional [email protected]@epa.gov
Vinyl Chloride Emission Vinyl Chloride Emission Reduction Strategies: Reduction Strategies:
How U.S. EPA Enforcers Working How U.S. EPA Enforcers Working With Industry Achieved ResultsWith Industry Achieved Results
March 1, 2006March 1, 2006
Atlanta, GeorgiaAtlanta, Georgia
IntroductionIntroduction
Brief ChronologyBrief Chronology
Research MethodologyResearch Methodology
ImplementationImplementation
DevelopmentsDevelopments
ConclusionConclusion
OverviewOverview
The Vinyl Chloride Project:The Vinyl Chloride Project:
a multimedia targeting approach for a multimedia targeting approach for improved human health and improved human health and environmental benefitsenvironmental benefits
a method toa method to trace the impact of a trace the impact of a chemical across all statuteschemical across all statutes
a single focus of reducing the total a single focus of reducing the total amount of a chemical, regardless of the amount of a chemical, regardless of the environmental pathwaysenvironmental pathways
Introduction
IntroductionIntroduction
The Vinyl Chloride Pilot Project:The Vinyl Chloride Pilot Project:
does not change existing laws, does not change existing laws, regulations or Agency decisionsregulations or Agency decisions
does not create new regulatory does not create new regulatory authoritiesauthorities
IntroductionIntroduction
The Vinyl Chloride Pilot Project:The Vinyl Chloride Pilot Project:
RequiresRequires compliance with existing permits compliance with existing permits and regulationsand regulations
SeeksSeeks injunctive relief, economic benefits injunctive relief, economic benefits and civil penalties (where appropriate)and civil penalties (where appropriate)
CreativelyCreatively uses existing EPA policies to seek uses existing EPA policies to seek
additional reductionsadditional reductions
July 2001July 2001GAO determined EPA needed a GAO determined EPA needed a strategic approach to deploying strategic approach to deploying resources nationallyresources nationally
November 2001November 2001EPA Region III began researching the EPA Region III began researching the regulatory and environmental impact regulatory and environmental impact of pollutants crossing media of pollutants crossing media boundariesboundaries
Brief Chronology
April 14, 2004April 14, 2004– EPA Headquarters selected the Vinyl EPA Headquarters selected the Vinyl
Chloride Project as a National pilot for a Chloride Project as a National pilot for a workforce deployment pilot in response workforce deployment pilot in response to GAO’s concernsto GAO’s concerns
– EPA Region III was asked by EPA EPA Region III was asked by EPA Headquarters to lead the National pilot Headquarters to lead the National pilot and develop a team consisting of and develop a team consisting of Regions 2, 4, 5, 6 and the other EPA Regions 2, 4, 5, 6 and the other EPA officesoffices
Brief Chronology
Research MethodologyResearch Methodology
Step 1:Environmental
Indicator Development
Step 2:Environmental
Data
Step 2: Non-Environmental
Data
Legal Analysisand Chemical
Literature Review
Step 3:Identify
Industry and/or Processes
Step 4: Build Expertise; Target, Inspect
and Case Development
Step 1:Step 1: Identify environmental indicators Identify environmental indicators
– Example: National Air Toxics Assessment (NATA) data Example: National Air Toxics Assessment (NATA) data and Ozone Non-Attainment Statusand Ozone Non-Attainment Status
Step 2:Step 2: Holistically integrate environmental, non- Holistically integrate environmental, non-environmental data and environmental justice environmental data and environmental justice indicatorsindicators
– Example: Public health dataExample: Public health data All Cause Mortality RatesAll Cause Mortality Rates Cancer Mortality RatesCancer Mortality Rates Infant Mortality RatesInfant Mortality Rates Infant Low Birth RateInfant Low Birth Rate Pediatric Asthma AttacksPediatric Asthma Attacks
Steps 1 and 2 yielded six Steps 1 and 2 yielded six chemicals of concernchemicals of concern
Research Methodology
Research MethodologyResearch Methodology
Chemicals of concern:Chemicals of concern:
– AcetaldehydeAcetaldehyde– Propylene DichloridePropylene Dichloride– Ethylene OxideEthylene Oxide– DichloromethaneDichloromethane– TrichloromethaneTrichloromethane– Vinyl ChlorideVinyl Chloride
All six chemicals are probable or
known carcinogens; regulated under
many Federal / State laws; and volatilize
at standard atmospheric conditions.
Research Methodology
3.7
26.4
9.1 9
51
0
10
20
30
40
50
60
70
EPA R2 EPA R3 EPA R4 EPA R5 EPA R6
Per
cen
t
Acetaldehyde Propylene Dichloride Ethylene Oxide
Dichloromethane Trichloromethane Vinyl Chloride
Vinyl Chloride Emissions Data (Source: TRI)
Research Methodology
3.7
33.2
10.914
38.2
51
99.1
5
26.4
0
10
20
30
40
50
60
EPA R2 EPA R3 EPA R4 EPA R5 EPA R6
Per
cen
t
2000 Data 2001 Data
Step 3:Step 3: Identify industries / processes Identify industries / processes
– Of all the vinyl chloride emitting industries, Chemicals and Allied Products emits 500 times more than the next largest vinyl chloride emitting industry
Step 4:Step 4: Build technical and legal expertise Build technical and legal expertise
– ‘‘Plastics Fundamentals’ class through Penn State Plastics Fundamentals’ class through Penn State UniversityUniversity
– RCRA Unraveled by McCoys and AssociatesRCRA Unraveled by McCoys and Associates
– Develop multimedia regulatory & policy guidance Develop multimedia regulatory & policy guidance compendiumcompendium
– Monitor “Plastics News” for PVC manufacturing and trendsMonitor “Plastics News” for PVC manufacturing and trends
Research Methodology
Research MethodologyResearch Methodology Research evidence focused on vinyl chloride fromResearch evidence focused on vinyl chloride from
PVC manufacturing facilities:PVC manufacturing facilities:
– Known human carcinogenKnown human carcinogen
– Ozone precursorOzone precursor NOx + VOC = OzoneNOx + VOC = Ozone
– High ambient air concentrations according to NATA dataHigh ambient air concentrations according to NATA data
– Volatilizes from liquid to gas at room temperatureVolatilizes from liquid to gas at room temperature
– Active trade, industry and environmental groupsActive trade, industry and environmental groups
– Regulated under CAA, CWA, RCRA, EPCRA, and CERCLARegulated under CAA, CWA, RCRA, EPCRA, and CERCLA
Research MethodologyResearch Methodology
RCRA0.2 mg/L TCLP Limit40 CFR 261.24(b)
CWA268 PPB Max. Daily
104 PPB Max. Monthly Avg.40 CFR 414.111
EPCRA TRI25,000 Pounds
Manufactured or Processed40 CFR 372.65
CERCLA1 Pound/24 Hours
40 CFR 302
CAA10 PPM Wastewater Limit
40 CFR 61.65(b)(9)(i)
Vinyl Chloride (CAS: 75014)
Research MethodologyResearch Methodology
EPA Region
ProductionCapacity(MM lbs)*
% of U.S. Capacity(Various Sources)
% of U.S. Emissions(2001 TRI)
22 600600 3.6%3.6% << 3.7%3.7%
33 365365 2.2%2.2% << 26%26%
44 2,3852,385 14.3%14.3% >> 9.0%9.0%
55 440440 2.7%2.7% << 9.0%9.0%
66 12,91512,915 77.3%77.3% >> 50%50%
* Compiled by U.S. EPA Region from publicly available data sources.
ImplementationImplementation
EPAEPARegionRegion
Number of Number of PVC FacilitiesPVC Facilities StatesStates
22 33 NJNJ
33 22 DE, PADE, PA
44 44 KY, MSKY, MS
55 33 IL, MIIL, MI
66 1111 LA, OK, TXLA, OK, TX
Ten corporate entities operating 23 Ten corporate entities operating 23 facilities nationally across ten U.S. states.facilities nationally across ten U.S. states.
January/February 2003January/February 2003EPA and State representatives conduct a EPA and State representatives conduct a processed-based, multimedia investigationprocessed-based, multimedia investigation
October 1, 2003October 1, 2003EPA files a multimedia administrative order and EPA files a multimedia administrative order and complaintcomplaint
July 9, 2004July 9, 2004EPA and Occidental settle the multimedia action EPA and Occidental settle the multimedia action for $1.1 million and a 26 ton reduction of vinyl for $1.1 million and a 26 ton reduction of vinyl chloride. Alleged counts included: CAA, CERCLA, chloride. Alleged counts included: CAA, CERCLA, CWA, EPCRA, RCRA and SPCCCWA, EPCRA, RCRA and SPCC
ImplementationImplementation Occidental Chemical Corp.Pottstown, Pennsylvania
ImplementationImplementation Occidental Chemical Corp.Pottstown, Pennsylvania
Strategy:Strategy:– Vinyl chloride reductions paramountVinyl chloride reductions paramount
Public Health / Environmental BenefitsPublic Health / Environmental Benefits– 26 ton reduction of vinyl chloride26 ton reduction of vinyl chloride
Settlement SummarySettlement Summary– $1.1 million dollar settlement$1.1 million dollar settlement– Nominal injunctive reliefNominal injunctive relief– $900,000 in SEPs to reduce 26 tons of vinyl chloride, $900,000 in SEPs to reduce 26 tons of vinyl chloride,
retire emission reduction credits and a water usage retire emission reduction credits and a water usage reductionreduction
– $150,000 in civil penalty$150,000 in civil penalty
June 2003June 2003EPA and State representatives conduct a processed-based, EPA and State representatives conduct a processed-based, multimedia investigationmultimedia investigation
September 2004September 2004U.S. Department of Justice, EPA and State meet with Formosa to U.S. Department of Justice, EPA and State meet with Formosa to establish prerequisites for negotiation, including a six month, establish prerequisites for negotiation, including a six month, closed-loop negotiation processclosed-loop negotiation process
March 2005March 2005Consent decree signed by all parties. Counts included: CAA, Consent decree signed by all parties. Counts included: CAA, CERCLA, CWA, EPCRA, RCRA and SPCC.CERCLA, CWA, EPCRA, RCRA and SPCC.
June 2005June 2005Consent decree lodged, opportunity for public comment beginsConsent decree lodged, opportunity for public comment begins
September 2005September 2005Consent decree entered by courtConsent decree entered by court
ImplementationImplementation Formosa Plastics Corp.
Delaware City, Delaware
ImplementationImplementation Formosa Plastics Corp.
Delaware City, Delaware
StrategyStrategy– Prerequisites for settlement:Prerequisites for settlement:
Sixth month closed-loop negotiations Sixth month closed-loop negotiations Vinyl chloride reductions beyond Federal & State permitted levelsVinyl chloride reductions beyond Federal & State permitted levels Performance of SEP in addition to beyond compliance reductionsPerformance of SEP in addition to beyond compliance reductions Unified DOJ, EPA and State legal, technical and management teamUnified DOJ, EPA and State legal, technical and management team
Public Health and Environmental BenefitsPublic Health and Environmental Benefits– 18 ton reduction of vinyl chloride immediately18 ton reduction of vinyl chloride immediately– Incentive based 10 ton reduction of vinyl chloride within three Incentive based 10 ton reduction of vinyl chloride within three
yearsyears
Settlement SummarySettlement Summary– $1.8 million dollar settlement$1.8 million dollar settlement– $450,000 in injunctive relief$450,000 in injunctive relief– $847,000 in SEPs and incentive projects to reduce vinyl chloride$847,000 in SEPs and incentive projects to reduce vinyl chloride– $450,000 in civil penalty$450,000 in civil penalty
ImplementationImplementation
To date, EPA has assessed the To date, EPA has assessed the multimedia compliance status of:multimedia compliance status of:
– 83% of the facilities engaged in the 83% of the facilities engaged in the manufacture of PVC in the U.S.manufacture of PVC in the U.S.
– 95% of the U.S. manufacturing capacity95% of the U.S. manufacturing capacity
– 90% of the corporations engaged in the 90% of the corporations engaged in the manufacture of PVC in the U.S.manufacture of PVC in the U.S.
DevelopmentsDevelopments
Common issues emerging in all Common issues emerging in all media programs:media programs:
– Leak Detection and Repair (CAA)Leak Detection and Repair (CAA)
– Sampling and Analysis (CAA, CWA, Sampling and Analysis (CAA, CWA, RCRA)RCRA)
– Surface Impoundments (CAA, CWA, Surface Impoundments (CAA, CWA, RCRA)RCRA)
EPA Regulatory DevelopmentsEPA Regulatory Developments– Clean Water Act – Effluent GuidelinesClean Water Act – Effluent Guidelines– Clean Air Act – MACT RemandClean Air Act – MACT Remand
Federal and State CoordinationFederal and State Coordination– New VCM and PVC plantsNew VCM and PVC plants
Federal Government CoordinationFederal Government Coordination– Chemical Hazard and Safety BoardChemical Hazard and Safety Board
Industry and Trade Group OutreachIndustry and Trade Group Outreach– Environmental “Best Practices” of PVC ProductionEnvironmental “Best Practices” of PVC Production
DevelopmentsDevelopments
Beyond PVC and vinyl chloride:Beyond PVC and vinyl chloride:
– Various Regions are using this targeting Various Regions are using this targeting approach for other chemicalsapproach for other chemicals
Propylene dichloridePropylene dichloride Methylene chlorideMethylene chloride StyreneStyrene
DevelopmentsDevelopments
A single focus of reducing the total A single focus of reducing the total amount of a chemical, regardless of the amount of a chemical, regardless of the environmental pathway, has lead to the environmental pathway, has lead to the development novel settlement development novel settlement techniques for EPA and industry.techniques for EPA and industry.
This approach combines the best This approach combines the best concepts from innovative EPA programs concepts from innovative EPA programs (such as Project XL) with traditional (such as Project XL) with traditional enforcement concepts to obtain enforcement concepts to obtain unprecedented environmental and unprecedented environmental and public health benefits.public health benefits.
ConclusionConclusion