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CARBIDE 

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UNION CARBIDE CORPORATION 

8QUV6NT6 & COATINQ6 MATERIALS DtVSON 

P. O. BOX 670 . BOUND BROOK, NJ OBSOS 

TELEPHONE: [201J BB3-BOOO 

BJ«/-«at 

September 16, 1986 

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Regional Administrator 

EPA Region II 

26 Federal Plaza 

New York, MY 10278 

Re: Superfund Reporting - Continuous Releases 

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Dear Sir or Madame 

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 if 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]." 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 1s attempting to assist EPA 1n developing technically sound and 

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

other Interested companies, met with EPA 1n Washington and explored various 

Issues and concerns regarding continuous and federally permitted release 

matters. We Intend to continue these discussions. 

In addition, the Bound Brook plant of Union Carbide wishes to share with EPA 

and the National Response Center Information regarding certain air releases 

which 1t believes may fi t within the continuous release or federally permitted 

release reporting exemptions. This Information relates to the emissions which 

are routine, exceed the applicable reportable quantity, are stable 1n quantity 

and rate, and are predictable during normal operations. All of these 

emissions are nitrogen dioxide and were previously submitted to the state 

agency 1n the form of Air Pollution Permits (I.e. CT49T60-49162). 

Other Reportable Releases not covered by the above 1 nf ormajfcijig 

to be reported on an Individual basis. 
\ <• 

__ . P.2 

33 :p I S8/90/ I 1 NObiUd Udd WOdd 

- 2 - September 16* 1986 

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 1s both a hazardous substance under CERCLA and a 

criteria pollutant under the Clean Air Act, 1s generated as a product of 

combustion 1n Industrial boilers, flares and other combustion devices. From 

all such sources, nitrogen dioxide 1s 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 1n response to such emissions. 

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

emissions. 

The Union Carbide, Bound Brook plant believes the Information contained in 

this submission establish the Identified air emissions as continuous releases 

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

or 1f you have any questions regarding the contents of this letter or Its 

attachments, please advise me. 

Very truly yours, 

Plant Manager 

/rk 

att. 

2538S 

cc: Mr. William O'SulUvan, Assistant Director 

Engineering & Technology Element 

N. J, Division of Environmental Quality 

NJDEP 

CN027 

Trenton, N. J. 08625 
SUMMARY OF CONTINUOUS EMISSIONS FOR THE BOUND BROOK PLANT 

v. 

(U (2) (3) 

Chemical 

Name CAS No. 

Source 

(Process Unit, Facility ID, 

etc.) 

Cause of Release 

(4) 

No. of 

times RQ 

equalled 

or 

exceeded 

per year 

(5) 

Range of Release 

Minimum 

(lb/day 

Maxim.* 

(lb/day 

Nitrogen Dioxide 

Nitrogen Dioxide 

Nitrogen Dioxide 

10102440 Boiler #5 

10102440 Boiler #6 

10102440 Boiler #7 

Co-tbustion of No. 6 Oil 

Combustion of No. 6 Oil 

Combustion of No. 6 Oil 

358 

358 

358 

0 

0 

0 

1,339 

2,344 • 

1,339 u 

c 

RB/rk 

9/8/86 

2538S