P.1 

IOKIO)??R-S'-I\ 

UNION 

CARBIDE 

UNION CARBIDE CORPORATION 

SOLVENTS AND COATINGS MATERIALS DIVISION 

P.O. BOX 471. TEXAS CITY. TEXAS 77592-0471 

September 15, 1986 

Regional Administrator 

EPA, Region VI 

1201 Elm Street 

Dallas, TX 75270 

National Response Center 

Commandant - G TGC - 2 

2100 Second Street, S.W. 

Washington, DC 20593 

Subject: Superfund Reporting - Continuous Releases 

Dear Sir or Madam: 

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)." 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. 

In addition, the Texas City Plant and Marine Terminal of Union 

Carbide 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 Texas City Plant and Marine 

Terminal. 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 state agency in the form of an Air 

Emissions Inventory, dated 1980 and 1984. 
P.2 

EPA/NRC 

September 15, 1986 

Page 2 

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 judgments. 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 

Texas City Plant and Marine Terminal 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 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, flare 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. \ 

The Union Carbide Texas City Plant and Marine Terminal 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, 

1 

F. S. Provejrt-ano 

Plant Manager 

FSP:TDS:IR:SuprfTDS ^ 

Attachments 
SUMMARY OF CONTINUOUS EMISSIONS FOR THE TEXAS CITY PLANT AND MARINE TERMINAL 

( 1 ) 

Chemical 

Name 

Benzene 

Ethylene Oxide 

CAS No. 

71432 

75218 

(2) 

Source 

Marine Terminal 

Batch Reaction at 

Ethylene Oxide 

Derivatives Unit 

Continuous Reaction 

at Ethylene Oxide 

Derivatives Unit 

(3) 

Cause of 

Release 

Barge Loading 

Normal 

Production of 

Commodity 

Surfactants 

Production of 

Specialty 

Product 

Surfactants 

(4) 

No. of 

times RQ 

equalled 

or 

exceeded 

per year 

24 

365 

30 

(5) 

Range of Release 

Minimum Maximum 

(lb/day) (lb/day) 

1200 1 1600 

7 1 51 

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