What Happened?

Owners and operators of new polyvinyl chloride (PVC) plastics plants no longer have to meet a federal limit on non-vinyl chloride organic hazardous air pollutants in process wastewater. The change covers new plants classified as major sources of hazardous air pollutants that began construction or reconstruction after May 20, 2011. ​

The U.S. Environmental Protection Agency (EPA) final rule took effect Nov. 9, according to a Legis1 review of the Federal Register notice. It reverses part of a 2012 EPA standard that capped these pollutants in process wastewater at 0.018 parts per million by weight.

Plants are also no longer subject to the testing, monitoring, recordkeeping and reporting requirements associated with that limit. The EPA says the remaining vinyl chloride wastewater limit serves as a surrogate for controlling the other pollutants.

These limits remain in place:

  • New major sources: The vinyl chloride wastewater limit remains 0.28 parts per million.
  • Existing major sources: Limits remain 110 parts per million for non-vinyl chloride organic hazardous air pollutants and 6.8 parts per million for vinyl chloride.
  • Area sources: The vinyl chloride wastewater limit remains 2.1 parts per million.

Why Does it Matter to Me?

The EPA says no new major source is currently subject to the requirement and calls the action one with "no immediate cost or emissions impacts."

The EPA estimates that a future new major source would save approximately $2,900 in initial costs and $30,000 annually, in 2025 dollars, according to the agency's Nov. 4 statement. The savings would come from reduced testing, monitoring, recordkeeping and reporting requirements. The EPA calls the change a deregulatory action under Executive Order 14192, "Unleashing Prosperity Through Deregulation."

Both Sides, Now

Opponents who commented on the 2020 proposal argued that eliminating limits for pollutants other than vinyl chloride would be unlawful. They also argued that steam strippers, equipment used to remove pollutants from wastewater, are not necessarily the best technology for controlling other organic pollutants.

Supporters argued that vinyl chloride is consistently present in the wastewater and that equipment controlling it also controls other pollutants. The EPA says vinyl chloride is a valid surrogate and that 23 of 33 other organic hazardous air pollutants have the same estimated removal fraction of 0.99 as vinyl chloride. Olin Corporation contacted the EPA in January to express concern about the limit.

Inside Climate News summarized a report counting 966 chemical incidents involving vinyl chloride from 2010 to 2023, including 930 at vinyl chloride or PVC plants. The incidents included leaks, spills, fires and explosions, rather than specifically documenting wastewater releases.

The EPA issued the rule. It says the 2012 limit relied on data from outside the PVC production industry, a problem it also cited when withdrawing a similar area-source limit in 2015.

What Happens Next?

The EPA says it will address the remaining provisions of its 2020 proposal separately. The revised requirements apply as of Nov. 9 or upon startup, whichever is later.

Initial compliance testing for applicable remaining emission standards is required within 180 days after the compliance date or startup, whichever is later. Petitions seeking judicial review of the rule must be filed in the U.S. Court of Appeals for the D.C. Circuit by Jan. 8, 2027.

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