P.1 

/o/Cfo ) f=ff c -s - l<f 

September 18, 1986 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Regional Administrator 

EPA Region IV 

1201 Elm Street 

Dallas, Texas 75270 

National Response Center 

Commandant - G TGC - 2 

2100 Second Street SW 

Washington, DC 20593 

RE: SUPERFUND Reporting - Continuous Releases 

Dear Sir: 

As you are aware, there has been considerable confusion regarding the 

hazardous substance release reporting requirements under the Superfund or the 

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA) provisions addressing continuous releases (Section 103(f)) and 

federally permitted releases (Section 101(a)(10)). Indeed, in EPA's 

promulgation of the final regulations addressing reporting requirements 

generally, EPA stated that "due to the complexity of the issues involved, the 

Agency has decided to study [these issues] further; today's rule does not 

resolve [these issues]."(Ref. 50 Fed. Reg. 13458, April 4, 1985). 

The most recent Regulatory Agenda indicated that EPA intends to propose 

regulations on both subjects by the end of this year. Union Carbide 

Corporation is attempting to assist EPA in developing technically sound and 

consistent regulations. To that end, Union Carbide, together with several 

other interested companies, have met with EPA in Washington and explored 

various issues and concerns regarding continuous and federally permitted 

release matters. We intend to continue these discussions. 

0403e 
P.2 

- 2 

In addition, the Union carbide Plant at Taft, Louisiana wishes to share 

with EPA and- the National Response Center data and information regarding 

certain air releases which it believes may fit within the continuous release 

or federally permitted release reporting exemptions. This data and 

information, which are enclosed, relate to emissions which are routine, 

anticipated releases to the air incidental to the normal manufacturing, 

treatment processes, and operation of facilities and vessels at the Taft 

Plant. These releases, which may equal or exceed the applicable reportable 

quantity, are stable in quantity and rate and are generally predictable during 

normal operations. Most of the enclosed data were previously submitted to the 

Louisiana Department of Environmental Quality in the form of an Air Emissions 

Inventory, dated March 1986. 

It must be recognized and emphasized that the emission values (which are 

reported in the attached data as ranges of emissions) are estimates of actual 

releases. These estimates are based on one or more variable factors and 

sources, which may include process design calculations (both operational and 

treatment), sampling data, emission factors and often require individual 

engineering judgements. For example, the use of controversial emission 

factors in calculating fugitive losses can lead to widely varying results. 

In the absence of guidance from EPA as to what constitutes a 

"statistically significant increase" for a continuous release, the Taft Plant 

intends to report any releases which are known to exceed the upper limit of 

the identified range. Reportable releases not covered by the attached data 

will continue to be reported on an individual basis. 

In the course of our data compilation and review, we identified an issue 

of broad application which we wish to bring to your attention. As you are 

aware, nitrogen dioxide, which is both a hazardous substance under CERCLA and 

a criteria pollutant under the Clean Air Act, is generated as a product of 

combustion in industrial boilers, flares and other combustion devices. From 

all such sources, nitrogen dioxide is produced at rates often measured in tons 

per day. 

Union Carbide assumes that these combustion product emissions were not 

intended to be included in CERCLA's reporting requirements. As a criteria 

pollutant, nitrogen dioxide emissions are either directly permitted or 

generally regulated (for the larger sources) under State Implementation 

Plans. In either case, EPA is aware of their existence and has no reason to 

exercise its authority under CERCLA in response to such emissions. 

Accordingly, we are not submitting any data regarding such nitrogen dioxide 

emissions. 

0403e 
P.3 

- 3 -

The Union Carbide Taft Plant believes the data and information contained 

in this submission establish for it the identified air emissions as continuous 

releases under CERCLA. If NRC or EPA wants to receive additional data or 

information, or if you have any questions regarding the contents of this 

letter or its attachments, please advise me. 

Very truly yours, 

D. L. Brucker 

UNION CARBIDE CORPORATION 

Taft Plant Manager 

Attachment 

DLB/TJC/jtg 

0403e 

cc: Mr. G. Von Bodungen 

DEQ/AQD 

P. 0. Box 44066 

Baton Rouge, LA 70804-4066 
SUMMARY OF CONTINUOUS EMISSIONS FOR THE UNION CARBIDE TAFT, LOUISIANA PLANT 

(1) 

Chemical 

Name 

Acetaldehyde 

Acrolein 

Ammonia 

Chlorine 

1,4-Dioxane 

Ethylene Oxide 

• 

Hydrogen chloride 

Vinyl Chloride 

CAS No. 

75070 

107028 

7664417 

7782505 

123911 

75218 

7646010 

75014 

(2) 

Source 

(Process Unit, Facility ID, 

etc.) 

OX-I Process 

OX-II Process 

AE-I Process 

DAP Process 

PA Process 

Various process equipment 

Waste Water Treatment Plant 

OX-I Process 

OX-II Process 

AE-I Process 

Various process equipment 

Waste Water Treatment Plant 

EA-I Process 

EA-II Process 

Various process equipment 

EA-I Process 

OX-I Process 

OX-II Process 

Waste Water Treatment Plant 

OX-I Process 

OX-I Process 

OX-II Process 

OX-II Process 

Various process equipment 

Waste Water Treatment Plant 

EA-I Process 

EA-I Process 

(3) 

Cause of Release 

Normal process venting 

Normal process venting 

Normal process venting 

Normal process venting 

Normal process venting 

Fugitive emission losses 

Secondary emission losses 

Normal process venting 

Normal process venting 

Normal process venting 

Fugitive emission losses 

Secondary emission losses 

Equipment startups/shutdowns 

Normal process venting 

Fugitive emission losses 

Normal process venting 

Normal process venting 

Normal process venting 

Secondary emission losses 

Normal process venting 

Equipment startups/shutdowns 

Normal process venting 

Equipment startups/shutdowns 

Fugitive emission losses 

Secondary emission losses 

Equipment startups/shutdowns 

Equipment startups/shutdowns 

(4) 

No. of 

times RQ 

equalled 

or 

exceeded 

per year 

350 days 

350 days 

308 days 

301 days 

301 days 

365 days 

365 days 

350 days 

350 days 

308 days 

365 days 

365 days 

12 days 

294 days 

365 days 

294 days 

350 days 

350 days 

365 days 

350 days 

16 days 

350 days 

16 days 

365 days 

365 days 

12 days 

12 days 

(5) 

Range of 

Minimum 

(lb/day 

400 

120 

14 

17 

500 

144 

0 

35 

5 

28 

240 

5 

28 

21 

240 

7 

77 

34 

0 

100 

37 

57 

55 

5 

96 

300 

3 

Release 

Maximum 

(lb/day) 

600 

220 

16 

20 

550 

240 

624 

50 

7 

30 

360 

12 

35 

25 

360 

48 

100 

40 

1 

485 

124 

106 

167 

15 

120 

6940 

96 

0403e 

09/17/86 

TJ