DEQ-CFW_00065475

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May 29, 2014
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Mr. Steven F. v ozzo F
Mr. Greg Reeves
North Carolina Department of Environment and Natural Resources
Fayetteville Regional Office
225 Green Street Suite 714
Fayetteville, NC 28301
Mr. William Willets
North Carolina Department of Environment and Natural Resources
Central Office
1641 Mail Service Center
Raleigh, NC 27699-1641
Mr. Mike Johnson
DuPont Fayetteville Works
22828 NC Hwy 87W
Fayetteville, NC 28306-7332
Mr. Stan Lewis .
Kuraray America, Inc.
11500 Bay Area Boulevard
Pasadena, TX 77507
RE: E. I. DuPont de Nemours and Company/Kuraray Co., Ltd. Transfer
of Butacite® and SentryGlas® Units
Fayetteville Works Plant
22828 NC Highway 87 West
Fayetteville, NC 28306-7332
Dear Sirs,
Thank you for meeting with Ms. Beth Barfield and Mr. Bernly Bressler on April
3, 2014 to discuss the process of a compliant transfer of ownership of the
Butacite® and SentryGlas® units at E. I. DuPont de Nemours and Company's
("DuPont") Fayetteville Works Plant to Kuraray America, Inc. ("KAI"), a
subsidiary of Kuraray Co., Ltd. ("Kuraray"); we wish to ensure that this transfer
will be made while remaining in compliance with all applicable state and
Environmental
Resources
Management
200 South Wacker Drive
Suite 2575
Chicago, IL 60606
[phone]
[phone] (fax)
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federal air quality rules. This letter summarizes our understanding of the topics
that were discussed and the responses we received to our questions.
1) KAI will be allowed to operate the purchased units under the existing
DuPont permit, if DuPont is willing to accept the responsibility to
continue maintaining compliance at the units, including meeting all
recordkeeping and reporting requirements, as well as any liability for
non-compliance. NCDENR will treat KAI as a contractor operating
parts of the DuPont plant.
2) DuPont and KAI will enter into an agreement detailing each party's
obligations; NCDENR will not be involved in this contract negotiation.
3) For the purpose of preparing the permit application, KAI's facility and
DuPont's facility will be considered to be two separate facilities. Neither
DuPont nor KAI will consider emissions from the other when
determining the class (major, minor, synthetic minor) of its facility.
4) DuPont has already modeled Toxic Air Pollutant (TAP) emissions from
the entire facility to show that none of the predicted concentrations
exceed the applicable state -defined acceptable ambient level. KAI may
be able to rely on the previous modeling, but that will be determined
once the emissions have been allocated between the two facilities.
5) Although potential emissions from the KAI facility are not expected to
exceed the major source threshold for Hazardous Air Pollutants (HAP),
the National Emission Standard for Hazardous Air Pollutants
(NESHAP) for Miscellaneous Organic Chemical Manufacturing (MON)
may continue to apply due to the EPA's "Once In Always In" policy.
KAI will prepare a letter requesting an applicability determination from
NCDENR.
6) DuPont has used an "obscuring factor" to protect confidential business
information (CBI) while still providing the emissions information
required by the permit. NCDENR recommend that KAI and ERM
discuss the use of the factor as well as what data that were identified as
CBI with DuPont prior to submitting any permit application or unit
information. Once the information is submitted to NCDENR, if it is not
labeled confidential, it will be available to the public.
7) NCDENR also stated that certain historical records must be transferred
so that KAI can demonstrate compliance with certain permit conditions
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(e.g., rolling averages, maintaining operating records for the periods
required in the permit, etc.) KAI/DuPont can identify what those
records are since it is very likely that the record keeping and reporting
requirements will be the same for the units as they are in the current
permit.
Attached is a written agreement between KAI and DuPont reflecting the date of
transfer of the permit and permit responsibility.
Please contact the undersigned with corrections or additions to this record of
our discussions.
Thank you again for the opportunity to meet with you.
Sincerely,
Environmental Resources Management
mi
Christer Setterdahl
Partner
Beth Barfield
Senior Consultant
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