UNION 

CARBIDE 

/oi (lo) V-T K-S-/ 6 

P091 120 508, P091 120 509, P091 120 510 

CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

p.1 

UNION CARBIDE CORPORATION PO. BOX 1 BO, SISTERSVIULE. WEST VIRGINIA 26 1 7 5 

Silicones and Urechane Intermediates 

SILICONES PLANT 

September 17, 1986 

RECEIVE D 

Regional Administrator 

EPA Region III .* SEP. 2 ?. 1986 

841 Chestnut Building 

Philadelphia, PA 19107 n c KFllFY] 

National Response Center 

Commandant - G TGC - 2 

2100 Second Street SW 

Washington, DC 20593 

Re: 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 Sistersville plant 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 
P.2 

-2-

Sistersville 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 state agency in the form of an Air Emissions 

Inventory, dated December 20, 1985. 

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 

Sistersville plant intends to report any releases which are known to exceed 

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

the (above or 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 CERCIA 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. 

The Union Carbide Sistersville 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. 

Phair 

Plant Manager 

Attachment 

LWP:JGO:slc 

0685A 

cc: F. E. Dailey 

R. L. Foster 

,, R. F. Kelley 

R. A. Matthews 

J. G. Orr 

E. D. Southard 

W. V. Summers 

State Agency 
(1) 

Chemical 

Attachment I 

SUMMARY OF CONTINUOUS EMISSIONS FOR THE (NAME OF LOCATION) 

(2) 

Source 

(Process Unit, Facility ID, 

etc.) 

Silanes Trichlorosilane 

System 

Process Area ID# 111 

Emission Pt ID# 1029 

Equipment ID# C5/6/8 

Silanes Refrigeration Sys. 

Process Area ID# 111 

Emission Pt ID# 1031 

Equipment ID# K62/63 

Polymers II Capper 

Process Area ID# 307 

Emission Pt ID# 3018,3019 

Equipment ID# T-1300 

Distribution Piping, Valve 

Packing, Connection, 

Distribution Compressors 

During Railcar Unloading 

(3) 

Cause of Release 

(4) 

No. of 

times RQ 

equalled 

or 

exceeded 

per year 

(5) 

Range of Release 

Minimum I Maximum 

Name 

Methyl Chloride 

Methyl Chloride 

Methyl Chloride 

Methyl Chloride 

Methyl Chloride 

JG0:slc 

0685A 

CAS No. 

74873 

74873 

74873 

74873 

74873 

Routing Venting, Fugitive Emiss. 365 

Routing Venting, Fugitive Emiss. 

Routine Venting, Fugitive Emiss. 

Routine Venting, Fugitive Emiss. 

Routine Venting, Fugitive Emiss. 

365 

256 

365 

(lb/day) 

84 

137 

867 

(lb/day) 

140 

228 

14 

1445 

10 

24 

TJ 

CO