P.1 

/o/Clo)f ?r\-S-/g 

UNION 

CARBIDE 

UNION CARBIDE CORPORATION 

P. O. BOX BOQ4, SOUTH CHARLESTON. W. VA. SS303 

Silicpnes and Urethane Intermediates 

South Charleston Plant 

CERTIFIED MAIL September 18, 1986 

RETURN RECEIPT REQUESTED 

Regional Administrator 

EPA Region III 

841 Chestnut Building 

Philadelphia, Pennsylvania 19107 

National Response Center 

Commandant - G TGC - 2 

2100 Second Street S.W. 

Washington, O.C. 20593 

Dear Sir or Madam: 

Re: Superfund Reporting - Continuous Releases 

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, 1n 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, has 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 South Charleston Plant, Specialty Chemicals/ 

Division, South Charleston, West Virginia of Union Carbide wishes to share 

with EPA and the National Response Center data and Information regarding 
P.2 

Superfund Releases - Continuous Releases 

Page 2 

certain air releases which 1t 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 South 

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

reportable quantity, are stable 1n quantity and rate and are generally 

predictable during normal operations. The data and Information cited 1n the 

attached table are derived from the A1r Emission Inventory (AEI) for data base 

year 1984, which was filed with the W. Va. A1r Pollution Control Commission. 

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

are reported 1n 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 1n calculating fugitive losses (as required, for example, 1n our A1r 

Emissions Inventory) 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 South 

Charleston Plant Intends to report any releases which are known to exceed the 

upper limit of the Identified range. Reportable releases not covered by the 

enclosed Information 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 1s both a hazardous substance under CERCLA 

and a criteria pollutant under the Clean A1r 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 1n tons 

per day. 

Union Carbide assumes that these combustion product emissions were 

not Intended to be Included 1n 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 1s 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. 
P.3 

Superfund Reporting - Continuous Releases 

Page 3 

The Union Carbide South Charleston Plant believes the data and 

information contained 1n this submission establish for 1t 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, 

J.' L. Worstell 

Environmental Protection Coordinator 

JLW/rls/cp 

0172T 

Attachments 

COPY: C. G. Beard, II - WVAPCC 

D. H. Hanshew - UCC 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

(1) 

Chemical 

Name 

Allyl Alcohol 

Ammonia 

Ethylene Oxide 

Ethylene Oxide 

Ethylene Oxide 

Ethylene Oxide 

Propylene Oxide 

Propylene Oxide 

Propylene Oxide 

Propylene Oxide 

JLW/rls 

0I72T 

9-15-86 

SUMMAI 

CAS No. 

107166 

7664417 

75218 

75218 

75218 

75218 

75569 

75569 

75569 

75569 

<Y OF CONTINUOUS EMISSIONS F( 

(2) 

Source 

(Process Unit, Facility ID, 

etc.) 

UCON FLUIDS/700 

MICC: H-221/207 

Flex Polyols 103/600 

Polyols Phase IV/601 

Ethylene Oxide Dist./73l 

AIkanolamines/800 

Bulk Termina1/031 

Flex Polyols B-103/600 

Polyols Phase IV/601 

UCON Fluids/700 

» THE SOUTH CHARLESTON PLANT 

(3) 

Cause of Release 

Fugitive emissions 

Normal process loss 

Fugitive emissions 

Fugitive emissions 

Tank losses, Fugitive emissions 

Fugitive emissions 

Fugitive emissions 

Normal process loss 

Normal process loss 

Normal process loss 

(4) 

No. of 

times RQ 

equalled 

or 

exceeded 

per vear 

139 

40 

16 

238 

327 

194 

365 

74 

245 

106 

(5) 

Range of Release 

Minimum Maximum 

(lb/day 

81.5 

620 

2.1 

2.1 

99 

35 

97.5 

217.5 

125 

272.5 

(lb/day) 

163 

1240 

4.2 

4.2 

198 

66 

195 

435 

250 

545