P.1 

/-/OJFfR-£-/__ 

AGRICULTURAL PRODUCTS COMPANY, INC. 

P. O. BOX 2831, CHARLESTON, W. VA. 25330 

Institute Plant 

September 16, 1986 

Regional Administrator 

EPA Region III 

841 Chestnut Street 

Philadelphia, Pennsylvania 19107 

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, has 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 Institute 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 Institute 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. All of the 

enclosed data were previously submitted to the state agency in the form of an 

Air Emissions Inventory, dated September 20, 1985. 
P.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 judgements. For example, the use of controversial emission 

factors in calculating fugitive losses (as required for example, in our Air 

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 Institute 

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 CERCLA 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 existance 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 Institute 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 attachment, please advise me. 

Very truly yours, 

R. L. Shomo 

Plant Manager 

/jr 

Attachments 

0075J/4 
P.3 

SUMMARY OF CONTINUOUS CERCLA REPORTABLE AIR EMISSIONS 

INSTITUTE PLANT 

COLUMN I 

Chemical Name CAS No. 

COLUMN 2 COLUMN 5 COLUMN 4 COLUMN 5 COLUMNS 6-'. 

# of Times 

SOURCE RQ Equalled Range of Release Basis for 

RO, Process Cause of or Exceeded Minimun Maxinun Estimate _ 

Lb. Process Name Code (a) Release(b) per Year (lbs/day) (lbs/day) Cornments(c) 

Acrolein 000107028 I Acrolein Derivatives 180/181 I, 2, 5 565 18 25 

Acrylonitrile 000107151 100 Wastewater Treatment 010 5 565 

Polymer Poiyols 100 I, 2, 5 22 

105 

156 

105 

156 

Anmonia 007664417 100 Ethylidene Norbornene 020 2, 5 565 

POLYOX 250 I, 2, 5 2 

157 

222 

158 

222 

CELLOSOLVE 

Chlorine 

Ethylene Oxide 

000110805 

007782505 

000075218 

1 CELLOSIZE Slurry Stab. 

10 Phosgene 

1 Wastewater Treatment 

Rigid Poiyols 

TERGITOL 

Liquid CARBOWAX 

Specialty Chemicals 

CELLOSIZE 

POLYOX 

Ethylene Oxide Dist. 

Laboratory 

221 

241 

010 

110 

171 

172 

191/192 

211 

250 

410 

450 

1, 

2, 

5 

1. 

1, 

1. 

1. 

2, 

1, 

1, 

5 

2, 5 

5 

2 

2, 5 

5 

2 

5 

5 

2 

565 

5 

565 

55 

14 

6 

2 

565 

147 

96 

565 

101 

15 

78 

92 

221 

1 

1 

4 

215 

1 

10 

116 

54 

78 

617 

229 

2 

2 

55 

215 

45 

10 

Naphthalene 000091205 100 Naphthalene Hydro. 250 I, 2, 5 5-7 544 1105 

Pyr i d i ne 

00075569 

000II0861 

100 

1 

Flexible Poiyols 

Rigid Poiyols 

TERGITOL 

Specialty Chemicals 

LARVIN 

090 

110 

171 

200 

552 

1. 2, 

1. 2, 

1, 2 

1. 2 

1, 5 

5 

5 

565 

1 

4 

6 

45 

546 

485 

109 

109 

1.0 

546 

485 

200 

109 

1.5 

(a) As used in the 1984 Air Emissions Inventory for the WV Air Pollution Control Cormiission 

(b) I - Process Point Source 

2 - Tank Working/Breathing 

5 - Fugitive 

4 - Loading 

5 - Evaporation from WWTU Process 

(c) Estimates based on 1984 Air Emission Inventory (AEI), and Subsequent CERCLA Estimating Procedure (Attachment I) 

Oeveloped by N. B. Martin 

0050J