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t*iti*)r?K-s- /vT 

UNION CARBIDE CORPORATION 

P. O. BOX 8361, SOUTH CHARLESTON. W. VA. 25303 

September 17, 1986 

Mr. James M. Seif, 

Regional Administrator 

U.S. Environmental Protection Agency 

841 Chestnut Building 

Philadelphia PA 19107 

National Response Center 

Commandant - G TGC - 2 

2100 Second Street SW 

Washington DC 20593 

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, 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 South Charleston Technical Center 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 the normal manufacturing, treatment 

processes, and operation of facilities and vessels at the South Charleston 

Technical Center. 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 8/16/85. 
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Superfund Reporting -2- September 17, 1986 

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 South 

Charleston Technical Center 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, 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 neither 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. 

n 

The Union Carbide South Charleston Technical Center 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, 

L. L. Bissett 

Site Manager 

Union Carbide Corporation 

South Charleston Technical Center 

Attachment 

LLB:rab 

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CC: Mr. Carl Beard, WVAPCC 
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SUWARY OF CONTINUOUS EMISSIONS FOR THE SOUTH CHARLESTON TECHNICAL CENTER 

(D 

Chemical 

(3) 

Cause of Release 

(4) 

No. of 

times RQ 

equalled 

or 

exceeded 

per year 

(5) 

Range of Release 

Minimun Maximim 

Name CAS No. 

Ethylene Oxide 75218 

(Process Unit, Facility ID, 

etc.) 

Ethylene Oxide Pilot 

Activities Bldg. 7708.771 

Fugitive Emissions 

Analyzer Vents 

Glycol reactor vent 

365 

(lb/day) 

3.6 

(lb/day) 

4.0 

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