01/31/86
Responses to Two VOC Questions Raised by the Regional Offices
JAN 31 1986
MEMORANDUM
SUBJECT: Responses to Two VOC Questions Raised by the
Regional Offices
FROM: Director
Stationary Source Compliance Division
Office of Air Quality Planning and Standards
TO: Air Management Division Directors
Regions I, III, V and IX
Air and Waste Management Division Director
Region II
Air, Pesticides, and Toxics Management Division
Directors
Region IV and VI
Air and Toxics Division Directors
Regions VII, VIII and X
Attached to this memorandum are responses to two issues identified by
the Regional Offices and DOJ through the VOC Compliance Workgroup. As you
may know, nineteen VOC issues were being presented as current impediments
to Regional and State efforts in returning VOC violators to compliance.
In the process of preparing these responses, it became evident that they
could not all be issued under one cover. Some required briefings for the
AA for OAR and OECM while others, like the attached two, dealt with
internal, essentially administrative issues and this justified a response
from SSCD.
On June 27, 1985, the first draft of the attached two responses, as
well as draft responses to many of the other nineteen issues, were
circulated for comment. On August 21 and 22, 1985 various Regional and
Headquarters representatives met to discuss these first drafts. A second
draft of these issues was circulated on December 12. The attached
responses incorporates the various comments received.
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I appreciate your efforts in commenting on the various drafts of these
two issues, as well as the others. With this memorandum and OECM's
memorandum of January 17, 1986 entitled "Issues #3(e) and #5 of the VOC
Issue Resolution Process: Establishing Proof of VOC Emissions Violations,
and Bubbles in Consent Decrees Resolving Civil Actions under Section
113(b) of the Clean Air Act," four issues have now been addressed. We
expect an additional five issues to be addressed by final guidance within
the next two weeks and are working to expedite the remaining responses.
If you have any questions, please call Steve Hitte at 382-2829.
Edward E. Reich
Attachments
cc: VOC Compliance Workgroup
Regional Counsels, Regions I-X
Issue: At the present time all Class A1 and A2 VOC sources
in the New York City ( NYC ) Metropolitan AQCR have
been identified and verified, and those which are
out of compliance have been placed on the significant
violator list. Region II would like to have all
Class B VOC sources which have an ERP GT 50 TPY
and are out of compliance, placed on the significant
violator list. By doing this the Region would be
able to more accurately reflect its continuing
enforcement effort in the NYC Metropolitan area,
currently non-attainment for VOCs.
Response:
As noted in the Agency Operating Guidance for FY 1986-1987, SSCD will
be developing a strategy that addresses Class B VOC violators in ozone
non-attainment areas where control of such sources is essential to
attainment. This strategy will become operational in FY 1987 ( see
attached for initial thinking on the elements of this strategy ). One
issue to be considered is the possibility of expanding the significant
violator definition in FY 1987 to include selected Class B sources.
__________________________________________
Edward E. Reich, Director
Stationary Source Compliance Division
Office of Air Quality Planning and Standards
JAN 31 1986
G. Class B VOC Sources
Develop general and area-specific strategies for dealing with Class B VOC
sources. Elements of the strategies would have to include:
. (1) identification of which source categories with substantial
numbers of Class B sources are significant contributors
to nonattainment in the area of concern
. (2) analysis of relative amounts of reductions likely to be
obtainable from such source categories, to determine the
most cost-effective areas of focus, nationally and in each
geographic area
. (3) identification of the status of regulation of such source
categories in area where they are important and additional
regulatory actions possible
. (4) inventorying Class B sources ( or at least the larger Class B
sources ) in the source categories of concern to each area
. (5) determining compliance status of Class B sources of concern
in each area
. (6) initiation of appropriate enforcement actions to resolve
violations
From a national perspective, strategy development would have to consider:
. (1) compliance determination approaches for large numbers of small
sources
. (2) expansion of "t and a" and significant violator concepts to
selected Class B VOC sources
. (3) mechanisms for obtaining compliance less resource-intensive
than traditional approaches
. (4) penalty policies and methods of assessment
. (5) public and industry education programs to enhance voluntary
compliance
. (6) mechanisms for handling compliance data and any necessary
modifications to CDS guidance
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To begin to address the Class B VOC problem:
. (1) SSCD has committed to develop during FY 1986 a strategy
( or strategies ) for dealing with Class B VOC sources in
areas where their control is important for attainment
. (2) The FY 1986 grants allocation targets $1 million for States
to develop and refine Class B VOC inventories
. (3) The draft FY 1986 budget contemplates expanded efforts to
address Class B sources, as well as implementation of a
Reasonable Efforts Program
Issue: It has become apparent that EPA is taking a tougher
enforcement stance on the round II CTG's than was
evident in round I. Notice of this change came
through the August 17, 1984 Lillquist letter which
was an attachment to the October 2, 1984 memorandum
on coordinating key issues in VOC cases from Micheal
Alushin, Associate Enforcement Counsel. Although
Region III generally supports this change in policy,
we are extremely concerned about the method and timing
of disseminating this policy.
This tougher stance on compliance represents a significant
shift in policy. The novel distribution approach of
attaching it to a memorandum which appears to have been
intended for limited distribution leaves much to be
desired. States have been negotiating schedules over
the past year which reflect EPA's more laissezfaire
enforcement posture taken on the round I CTG's. This
change in policy is coming to them ( and us ) about one year
late. As a result, it will disrupt the processing of orders
and SIP's negotiated by States under our previous enforcement
posture and strain EPA/State relations.
Region III suggests that Headquarters reassess its method
of policy distribution. If EPA is to ensure the
timeliness and appropriateness of State enforcement
activities, we must inform the States of the rules of the
game in a timely and appropriate manner.
Response:
Traditionally, it is SSCD's approach to issue guidance or policy
documents to the Regional Offices with ongoing staff support to respond to
questions or provide clarification. Subsequently, it is incumbent upon
the Regional Office to disseminate this information to its States in any
manner it chooses.
In the VOC area, a Regional-Headquarters compliance workgroup was
established to be a focal point for VOC issues and subsequent policy or
guidance. SSCD chairs this workgroup and has distributed numerous VOC
articles and policy memoranda through the workgroup members. The August
17, 1984 Lillquist letter cited in the issue was distributed to the Air
Branch Chiefs on August 29, 1984, with copies to the Workgroup members
(see attached).
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In order to assure that all SSCD policy and guidance memoranda are
being seen by the Regional Office staff, SSCD will institute a process of
listing quarterly all policy and guidance memorandum that have been
issued. This list will be sent to the Air Branch or Compliance Branch
Chiefs. Where a memorandum on this list has not been seen by the Region,
a request can be made for a copy. It will be incumbent upon the Region to
assure that appropriate memoranda are distributed to the States and
locals. The process of providing this listing will commence at the end of
the first quarter FY 1986.
___________________________________________
Edward E. Reich, Director
Stationary Source Compliance Division
Office of Air Quality Planning and Standards
JAN 31, 1986
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