Document MG1nxazmErrY9eXD7OQ7Na2yx

V3754 '\ UNITED STATES ENVIRONMENTAL PROTECTION REGION VI ALLIED BANK TOWER AT FOUNTAIN PLACE 1445 ROSS AVENUE DALLAS, TEXAS 75202 AGENCY MAR 3 1 1933 Mr, John Burns President and Chief Executive Officer Vista Chemical Co. P.0. Box 19029 Houston, Texas 77224 Re: Request for Information Pursuant to Section 3007 of the Resource Conservation and Recovery Act, and Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act, Section 114 of the Clean Air Act, and Section 308 of the Clean Water Act, as Amended, Pertaining to the Releases of Hazardous Materials from Vista Chemical Co., Westlake, Louisiana. Dear Mr. Burns: The United States Environmental Protection Agency (EPA) is presently investigating the circumstances surrounding the chemical releases of hazardous materials and/or other substances from the above-referenced facility as outlined below: Release Occurring On or About: Chemical Released: June 18, 1987 July 2, 1987 August 2, 1987 August 24, 1987 Vinyl chloride Methyl chloride Ethylene oxide Vinyl chloride Our investigation concerns the actions that have been taken as a result of the releases and the potential for future releases from the above-referenced facility which may endanger public health or the environment. We request that you provide us with all information pertaining to the above releases by completing the enclosed questionnaire. Some of the questions asked in the questionnaire are to confirm information received at the time the releases were reported. A separate questionnaire VVv 000Q356 2 V3755 should be submitted for each release. You may reproduce the questionnaire locally, or you may submit a computer printout that provides the requested information in the same format as the questionnaire for each individual release cited in the first paragraph of this letter. Your response should include all information which is in your possession, custody or control, or which is in the possession, custody, or control of any of your employees, officers, agents, contractors, or attorneys. Your response must be sent to EPA within thirty (30) calendar days of your receipt of this letter. Please be advised that this information is being requested pursuant to the authority of Section 3007 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6927, as amended, and Section 104 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. Section 9604, as amended by the Superfund Amendment and Reauthorization Act, P.L. 99-499. To the extent that the release referenced above was a release to or in the air, or any navigable waters, or the environment, this information is also being requested pursuant to the authority of Section 114 of the Clean Air Act, 42 U.S.C. Section 7414, as amended, or Section 308 of the Federal Water Pollution Control Act (also known as the Clean Water Act), 33 U.S.C. Section 1318, as amended. Section 3007 of RCRA and Section 104 of CERCLA authorize the Administrator of the EPA to require any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous substances, including hazardous waste, to furnish information related to such substances for the purpose of regulation, enforcement, or determining the need to respond to releases of hazardous substances. Under Section 3008 of RCRA (42 U.S.C. Section 6928), failure to comply with the request for information may result in an order requiring compliance and assessing civil penalties of up to $25,000 per day for each day of noncompliance. You may also be liable for civil penalties for non-compliance under CERCLA, as amended, or, where appropriate, the Clean Water Act, or the Clean Air Act. There may also be criminal penalties under CERCLA or RCRA or both for any person who knowingly omits materials information, or makes any false material representation, or knowingly destroys, mutilates, erases, disposes of, conceals, or otherwise renders unavailable any records or documents relating to any release. You are entitled to assert a claim of confidentiality for any information produced that if disclosed to persons other than officers, employees, or duly authorized representatives of the United States concerned with carrying out statutory authority would divulge information entitled to protection under Section 1905 of Title 18 of the United States Code. The information required hereby must be produced notwithstanding its possible characterization as confidential information or trade secrets. Any information entitled to protection as trade secrets will be maintained as confidential pursuant to procedures set forth in 40 Code of Federal Regulations, Part 2, Subpart B. Any request for confidentiality must be made when the information is produced, since any information not so identified cannot be accorded this protection by the EPA and may be made available to the public without further notice. vvv 000003857 3 V3756 This request for information is continuing, and to the extent that your responses may be modified as a result of information acquired by you subsequent to your reply, you are requested to promptly supplement your answers reflecting such changes. Your response should be sent to: U.S. Environmental Protection Agency Emergency Response 3ranch (6E-E) Environmental Services Division Allied Bank Tower 1445 Ross Avenue Dallas, Texas 75202-2733 Attn: Charles Gazda Your cooperation in completing the questionnaire is appreciated. If you need further information or have any questions, please contact Mr. Charles Gazda at 214/655-2270. Sincerely yours, Enelosure cc: w/enclosure Mr. J.A. DeBernardi Plant Manager Vista Chemical Co. P.O. Box 727 Westlake, LA 70669 Robert E. Layton Jr., P.E. Regional Administrator VVV 000003858