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OAR Box 1672 

Prepped by Charmelle Mathews 

DocumenfNumber: 

£3J84)II-C-35 

Docket Number: 

A-98-13 

Printed 9/30/2008 11:01:01 AM Sheet 64 of 132 
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A-48-13 

OCT 91998 

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EP/', /.!R DOCKET 

Ms. Dana Neely 

Senior Environmental Engineer 

Union Carbide Corporation 

Texas City Main Plant 

3301 5th Avenue South 

Texas City, Texas 77590 

Dear Ms. Neely: 

This letter is to request a visit by the U.S. Environmental Protection Agency (EPA) and 

its representatives to the Union Carbide Corporation's Texas City Marine Terminal on October 

22, 1998. Visitors will include Mr. Stephen Shedd ofthe EPA, and Mr. Greg LaFlam and 

Mr. Bernd Haneke of Pacific Environmental Services, Inc. (PES). Mr. Haneke of PES 

discussed this visit with you in a telephone conversation on October 6, 1998. We anticipate 

arriving at the facility at 9:00 a.m. 

As you are aware, the EPA is developing national emission standards for hazardous air 

pollutants (NESHAP) for organic liquids distribution (non-gasoline) facilities. The main 

emission sources of interest are: 1) storage tanks; 2) loading and unloading operations; 3) 

equipment leaks; and 4) waste and wastewater treatment and disposal operations. To assist in 

the development of this NESHAP, the EPA is collecting information on emissions of 

hazardous air pollutants (HAP) from these emission sources and on the types of emission 

controls used on each of the sources. 

During the visit to your facility, we wish to: 1) discuss the facility operations and any 

emission control measures; and 2) observe the storage tanks, wastewater systems, organic 

liquid transfer operations, and any associated emission control and emission monitoring 

equipment. Enclosure 1 identifies the type of information that we would like to obtain during 

our visit, and also contains a listing of the materials considered to be HAP by the EPA. Feel 

free to provide any additional information that you believe is critical to our understanding of 

these processes, their HAP emissions, or the emission controls. Collection and organization of 

the information identified in Enclosure 1 prior to our visit will greatly facilitate information 

exchange during the visit. 

The authority for the EPA's information gathering is included in section 114 of the 

Clean Air Act (42 U.S.C. 7414). Enclosure 2 contains a summary of this authority. If you 

believe that disclosure of the information we request would reveal a trade secret, you should 

clearly identify such information as discussed in the enclosure. Any information subsequently 

determined to constitute a trade secret will be protected under 18 U.S.C 1905. If no claim of 

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confidentiality accompanies the information when it is received by the EPA, it may be made 

available to the public by the EPA without further notice (40 CFR Part 2.203, September 1, 

1976). Since section 114(c) of the Clean Air Act exempts emission data from claims of 

confidentiality, the emission data you provide may be made available to the public. A 

clarification of what the EPA considers to be emission data is contained in Enclosure 3. 

As noted in Enclosure 4, the EPA has designated PES as an authorized representative 

of me Agency. Therefore, PES has the rights discussed above and in Enclosure 4. As an 

aumorized representative ofthe EPA, PES is subject to the provisions of 42 U.S.C. 7414(c) 

respecting confidentiality of methods or processes entitled to protection as trade secrets. The 

PES contract with the EPA is No. 68-D60013. 

Enclosure 5 summarizes the EPA policies and procedures for handling privileged 

information and describes the EPA contractor commitments and procedures for use of 

confidential materials. It is the EPA's policy that compliance by an authorized representative 

with the requirements detailed in Enclosure 5 provides sufficient protection of the rights of 

those submitting privileged information. 

The following policies concerning liability should also be of interest to you: 

1. If a Federal employee is injured in the course of his or her employment, he or she 

has compensation coverage from the United States pursuant to the provisions of the Federal 

Employees Compensation Act (5 U.S.C 8108, et seq.). 

2. If property damage or injury to third persons occurs due to a negligent act or 

omission of a Federal employee acting within the scope of his or her employment, the Federal 

Tort Claims Act (28 U.S.C. 1346) sets forth the liability of the United States for money 

damages arising from such acts. 

The Office of General Counsel has informed the Agency that a firm may not condition 

the EPA's "right of entry" upon consent to a waiver of liability and has instructed employees 

not to sign such waivers. If you have any questions regarding this refusal or the compensation 

statutes cited above, please contact the EPA's Office of General Counsel Claims Officer at 

(202)260-4551. 

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Thank you for your cooperation. If you have any questions, please contact Mr. Steve 

Shedd at (919) 541-5397, or Mr. Greg LaFlam of PES at (919) 941-0333. 

Sincerely, 

Kent C. Hustvedt, Leader 

Waste and Chemical Processes Group 

Emission Standards Division 

5 Enclosures 

cc: Robert Todd, EPA Region VI, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-

2733 (w/o Enclosures 2-5) 

Beverly Hartsock, Deputy Director, TNRCC Office of Policy and Regulatory 

Development, Post Office Box 13087, Austin, Texas 78711-3087 (w/o Enclosures 2-5) 

PREPARED BY: OAQPS/WCPG:SShedd:MD-13:RTP,NC:(919)541-5397 

(PES/GLaFlam/(919)941-0333:9/28/98) 

(ESD Project No. 96/05) 

bcc: Steve Shedd (EPA/OAQPS/ESD/WCPG) (w/o Enclosures 2-5) 

Greg LaFlam (PES) (w/o Enclosures 2-5) 

Bernd ftaneke (PES) (w/o Enclosures 2-5) 

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Enclosure 1 

SUMMARY OF ORGANIC LIQUIDS DISTRIBUTION INFORMATION OF INTEREST 

To assist in the collection of information during the requested site visit, a summary of 

me information to be collected is provided below. At tiiis time, this information pertains 

specifically to each of die emission sources of interest: 1) storage tanks; 2) loading and 

unloading operations; 3) equipment leaks; and 4) waste and wastewater treatment and disposal 

activities. As we learn more during the visit, additional HAP sources could be added to our 

scope. 

1. Rail car and tank truck loading and unloading facilities, procedures and 

methodologies, with an emphasis on the emission controls used for each type of 

operation. 

2. Wastewater treatment systems, including any oil/water separators, covered 

systems venting to flares, and industrial biological treatment systems. 

3. Operating and maintenance experience associated with the emission control 

device(s) (i.e., identify key operating parameters for efficient control, 

parameters that indicate poor control, or problems associated with a specific 

emission source/control device combination). 

4. Types of emission monitoring devices used to monitor emissions or control 

device performance, as applicable. 

5. Rationale for selecting any emission control devices currently installed on the 

operations. 

6. Costs to purchase, install, and operate any emission control or monitoring 

devices. 

7. Regulatory history and current regulatory requirements associated with 

emissions from the operations. 

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