Document N2pKDpN1nq4Z02K0xjg37vROR

-Mr UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV 941 CO (JUTLAND STRICT ATLANTA. OCOROIA 99C RECEIVED OCT 2 0 1937 CERTIFIED MAIL RETURN RECEIPT REQUESTED A. V. DiGL O Mr. Dexter Baker Chief Executive Officer Air Products & Chemicals, Inc. P. 0. Box 18195 Allentown, PA 18067 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, as Amended, Pertaining to the Releases of Hazardous Materials frero the Air Products and Chemicals, Inc. Facility in Calvert City, Kentucky Dear Mr. Baker: The United States Environmental Protection Agency (EPA) is presently investigating the circumstances surrounding the releases of hazardous materials and/or other substances from the above-referenced facility as outlined below: Release Occurring On or About: Chemical Released: April 21, 1987 April 28, 1987 Vinyl chloride Vinyl chloride Our investigation concerns the actions that have been taken as a result of the release and the potential for future releases from the above-referenced facility which may endanger public health or the environment. Vie request that you provide us with all information and copies of documents described below. 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 Amendments and Reauthorization Act, P.L. 99-499. To the extent that one or more of the releases 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. AP00036849 -2- Section 101 of CERCLA as amended, defines release as follows: "'release* means aw spilling, leaking, punping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dunping, or disposing into the environment, (including the abandoment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes (A) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the erplqyer of such persons, (B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline punping station engine, (C) release of. source, byproduct, or special nuclear mterial from a nuclear Incident, as those terms are defined in the Atonic Energy Act of 1954, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Carodssion under section 170 of such Act, or, for the purposes of section 104 of this title or any other response action, any release of source byproduct, or special nuclear material from any processing site designated under section 102(a)(1) of the Uranium Hill Tailings Radiation Control Act of 1978, and (D) the normal application of fertilizer;1* 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. Pursuant to these statutory provisions, you are hereby directed to answer the questions and otherwise provide the information set cut in the enclosed "Release Prevention Questionnaires"* Sane of the questions asked in the questionnaire are asked in order to confirm information received at the time the releases were reported* A separate questionnaire 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 ycur possession, custody or control, or which is In the possession, custody, or control of ary your employees, officers, agents, contractors, or attorneys. Your responses mist be sent to EPA within thirty (30) calendar days of your receipt of this letter. AP00036850  -3- Under Section 3008 of RCRA (42 U.S.C Section 6928), failure to ecnply with the request for information nay result in an order requiring compliance and assessing civil penalties of up to $25,000 per day for each day of nonccnpliance* You may also be liable for civil penalties under CERCLA, as amended, or, where appropriate, under the Clean Water Act, or the Clean Air Act- There may also be criminal penalties under CERCEA or RCRA or both for ary person who knowingly omits material information, or makes any false material representation, or kncwingly destroys, mutilates, erases, disposes of, conceals, or otherwise renders unavailable any records or documents relating to ary release. You are entitled to assert a claim of confidentiality for ary information produced that if disclosed to persons other than officers, enplcyees, 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 mast 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 ary information not so identified cannot be accorded this protection by the Agency and may be made available to the public without further notice. 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: Mr. Henry T. Hudson, Chief Preparedness and Planning Unit Emergency Response and Control Section waste Management Division U.S. Environmental Protection Agency 345 Courtland Street, N.E. Atlanta, Georgia 30365 A copy of each response or portion of a response you make which is not claimed as confidential business information or a trade secret should be sent to: Mrs- Charlotte E. Baldwin, Secretary Kentucky Natural Resources and Environmental Protection Cabinet Capital Plaza Tower Frankfort, KY 40601 AP00036851 -4If you need further information or have any questions, please contact Mr. Henry Hudson or Ms* Cynthia Peurifoy at 404/347-3931. Sincerely yours. Enclosure cct Mr. H. Ortega, Plant Manager Air Products & Chemicals, Inc. Calvert City, Kentucky Mrs. Charlotte E. Baldvtin, Secretary Kentucky Natural Resources and Environmental Protection Cabinet Colonel James H. Molloy Chairman, KY Emergency Response Commission AP00036852 OMB i>\ 2050-0065 Expires: March 31, 1988 U.S. Environmental Protection Agency Release Prevention Questionnaire Instructions General Instructions This questionnaire requests information to supplement reports you may have submitted to the National Response Center and ocher federal, state, or local authorities. The instructions below explain the questionnaire organisation, define key words used in the questions, and give specific examples of responses to each type of question. Please read the instructions and examples before you answer the questions. When you complete the questionnaire, place the completed form in the addressed envelope. If you need further assistance, please contact the person Identified in the cover letter. Organization The questionnaire is divided Into three sections. All questions muse be answered. Section I-Facility Profile: This section asks several general questions about your facility: location, age, ownership and currenc status of operations. Section II-Hazardous Substance Release Profile: This section asks several key questions concerning the reported release. It is Important that you respond as accurately as you can based on the information available to you. If additional comments would clarify your response, please note your comments on additional sheets of paper. Section Ill-Cleanup and Prevention Profile: This section concludes the questionnaire with several questions concerning your efforts to respond to the release. These questions ask you to provide, in your own words, your assessment of the effectiveness of prevention plans and equipment at your facility and any changes that will be initiated because releases occurred. While space is provided for your response, clarity and specificity should not be sacrificed for brevity; attach additional pages if necessary. AP00036853 2- - Dafinitlons The questionnaire uses certain terms in precise senses. Please refer to the definitions below to clarify the meaning of terms in the questionnaire. Owner: The legaLly designated individual, partnership, corporation, or parties that own the facility. Standard Industrial Classification: The federal government categories of business activity. See Standard Industrial Classification Manual, Office of Management and Budget, U.S. Government Printing Office, Washington , D. C. Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. Hazardous substance: Any element, compound, mixture, solution, or substance designated under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act or section 3001 of the Solid Waste Oisposal Act. i- Local authority: Any loeal government official with some responsibility for activities related to hazardous substance releases (e.g., firs department). State authority: Any state government official responsible t'or remedial or related activities connected with a hazardous substance release fe.gr, state transportation office). Federal authority: Any federal government official delegated responsibility under the Superfund statute for activities related to hazardous substance releases (e.g.# National Response Center, Environmental Protection Agency and it's regional offices). General public: Persons not present within the facility boundaries at the time the release occurred (e.g., residents near the facility). Process vessel: A tank, vat, or other container in which substances are either blended to form a mixture or reacted to convert them to some other final product or form. AP00036854 -3- Storage vassal: Any container (e.g. tank, drum, bottle, tankcar, cylinder) used Co hold a raw or inpuc material, a produce, or a by-product at ambient conditions or at an alevatad or reduced temperature or pressure. Equipment failure: Failure of equipment which allows a situation where substances may be released from the equipment. Operator error: A mistake (e.g., leaving a valve open, failure to respond to process alarms, failure to maintain process variables or conditions at set points) made during operation of a process by the operator resulting in a potential release of feedstocks, by-products, or products. Bypass: A pipe or channel providing an alternate pathway for gas or liquid streams that avoids the main pathway by detouring around it. Upset: A malfunction or failure of process controls, alarms, or backup systems due to operator error, mechanical or equipment failure, or impingement by unexpected ovonts such as fire, explosion, power loss, or water lose. a- Spill: The unintentional or accidental release or flow of a substance from a container causing a loss of the substance. Vapor release: Escape of a gas from a storage or process vessel or from the vaporization of volatile Liquids. Migration: The movement of a substance from one place to another in air, water, soil, or ocher media. Facility boundary: Fence line or property Line marking the perimeter of a facility. Containment system: A series of curbs, vaults, ponds, and Che like which serve to coLlecc and temporarily hold spilled materials until such time as they are removed or transferred to a secure storage vessel. AP00036855 -I*- Example* of Question* Example A Several questions require a simple marked response to a precoded answer. The example below shows a correct response. 6a. Check the item below that best describes ch status of facility operations at the time of release. a. (xJ In operation b. [ j Temporarily inactive c. ( ) Permanently closed Example 8 Several questions require you to answer with data. A correct response is shown in the example be4ov. 7. Indicate the date release occurred. [01 [6] - [1] tU - [8] [8] (month) (day) (year) Example C Some questions require you to describe an answer because the available answers to the question do not cover your situation. 15. Pleaso check the one item below chat best describes the location of the release within your facility. [ ] Process vessel [ j Storage vessel ( ] Valves ( j Piping [ } Unknown (x1 Other (please describe) Secondary containment vault AP00036856 Example D A few questions require you to fill in tables with data or information from your facility. One example is shewn below. Other cables are similiar. 24,a. Identify in the cable below the name of each hazardous substance released, the quantity released, and the concentration and physical state at the time of release. SAME l. Anhvdrous Ammonia 2. 3. 4. QUANTITY 50 UNIT lbs PHYSICAL STATE solid CONCENTRATION 9S1 a- AP00036857 6- - OMB . 2050-0065 Expires; March 31, 1983 U.S. ENVIRONMENTAL PROTECTION AGENCY RELEASE PREVENTION QUESTIONNAIRE INITIAL REPORT 1. FACILITY NAME: SECTION l. FACILITY PROFILE ________________________________________ 2. FACILITY ADDRESS; ____________________________________ Street City State Zip Code 3. NAME OF OWNER: ____________________________________________________________ * 4. ADDRESS OF OWNER; ____________________________________ Street City State Zip Code 5. RESPONDENT: ___________________________________ Sane Title Street City State Zip Code >____ Telephone AP00036858 6. Pleas* indicate the year facility operations began. (!(][)( j 7. Identify the four-digit Standard Industrial Classification (SIC) that best describes your facility operations and the primary product or service of this facility. [Il i [1 ( ! a. SIC code b. Primacy product or service: _^^ 3a. Check the item below that best describes the status of facility operations at the time of release. s. [ | In operation b. [ j Temporarily inactive c. [ j Permanently closed a- 8b. Check the item below that best describes the current status of facility operations. a. [ J In operation b. [ J Temporarily inactive r.. ( ] Permanently closed If Item a is marked, go to Section II Hazardous Substance Release Profile. If Item b or c is marked, answer Question S.c. below. 3c. Is the shut down of operations at your facility related to thu accidental release of hazardous substances? E ] Ves [ 1 No AP00036859 8 SECTION1 ri. HAZARDOUS SUBSTANCE RELEASE PROFILE The following section asks several questions concerning the accidental release of Hazardous substances. If exact responses cannot be provided, please provide estimates using your best professional judgment. 9. indicate the dace release occurred. I ![1-CIM-t1 [1 (month) (day) (year) 10. Indicate the time of day release occurred. MM:MM [ } A.M. [ I P.M. 11. indicate date release ceased. ( ] [ 1-[1 t1-[ 1 t1 (month) fday) (year) 12. Indicate time of day release ceasad. MM: [ 1 M C 1 a.m. I I P.M. AP00036860 -9 13. Were federal authorities notified? [ I Yes [ ] Mo a. If yes, identify ail federal authorities notified regarding the release. (If more than one, please attach list on separate page) (Name) (City) (State) L____ i (Telephone)' t ' b. Indicate the date and time of day federal authorities were notified. ( ] t 1 - l 1 t 1 - l ] [ 1 (Da) (month) (day) (year) [1(1 = 1111 (Time) [ J A.M. t 1 P.M. 14. Were state authorities notified? [ ] Yes [ 1 No a. If yea, identify all seaee authorities notified concerning the release. (If more than one, please attaeh list on separate page) (Name) (City) (State) () (Telephone) AP0003686I -10 b. Indicate the date and time of day state authorities were notified. I ] U ' E I [ ] * I ] [ I (Data) ' (month) (day) (year) [I EI = [1 [ 1 I ) A.M. [ 1 P.M. (Time) IS. Were local authorities notified? [ ] Yes [ ] S'o a. If yes, identify all local authorities notified concerning the release. (If more than one, please attach list on separate page) (Same) (City) (State) C) (Telephone) b. Indicates the date and time of day local authorities were notified. [ ] ( 1 - t 1 E I - l I M (Date) (month) (day) (year) i1U s t1t1 ( ] A.M, ( 1 P-M. (111 (Time) AP00036862 11- 16. Was the general public notified? I ] Y t ] No a. If yes, indicate the person that notified the general public of re lease. (If more than one* please attach list on separate page) (Name) (Title) (Company or Government Office) ( ->_________________________ (Telephone) b. Indicate the date and time of day the general public was notified. ^ M l ) - t 1 U - l M 1 (Dace) (month) (day) (year) MMMM ( 1 A.M. I 1 P.M. (Time) 17. Were members of the general public evacuated? 11 Ye* [ 1 No a. If yest please indicate number evacuated. [ ] l 1 M M f 1 t) b. Please indicate date and time of day evacuation began. I M ! - t 1 t 1 * M l 1 CDate) (month) (day) (year) (1[1 :[IM [ ] A.M. [ 1 P-M- (Time) AP00036863 12 18. To the best of your Ability, indicat# the weather conditions at the time of release for each teem below. Approximations are acceptable. a. Wind Speed (miles per hour) Mil b. Wind Direction c. Humidity (percent) d. Temperature (Fahrenheit) (1 {] fMJ e. Precipitation? i } Yes Please check the one item below that best describes the location of the release within your facility- t 1 process vessel [ 1 Storage vessel ( 1 Valves t 1 Piping [ | Unknown l 1 Other (please describe) (please check one item only) 20. PLeaso check the one item below* that best describes the operational condition of releasing equipment at the time of the release. [ J Process startup [ ) Process shutdown j ] Loading [ } Unloading ( j Batch operation [ j Maintenance ( j Continuing operations [ j Unknown [ ] Other (please describe) (please check one item only) AP00036864 n 21. Pleas check the one item below chat best describes the primary cause of the release event. 1 ] Equipment failure ( j Operator error [ j Bypass condition [ j Upset condition ( ] Firt { ] Unknown ( j Other (Please describe) (please check one item only) 22. Please check any items below that describe additional causes of the release event. ( ) Equipment failure ( j Operator error { ] Bypass condition ( ) Upset condition ( j Fire ( ] Unknown [ j Ocher (Please describe) (check as many items as apply) . *" 23. Check the items below that describe the end effects of the release event. [ \ Spill [ ) Vapor release [ j Explosion ( I Fr f ] Other (Please describe) (check as many items as apply) AP00036865 -14 24.a. Identify in the cable below the name of each hazardous substance released, the quantity released, and the concentration and physical state at the time of release. name 1. 2. .1. u. quantity unit physical state concentration b. Please check the items bo Low that describe your methods or source of information for your responses in Question 24.a. [ ] on-line instrument [ j process records [ j engineering calculation ( ] estimate [ j ocher (please describe) + *- AP00036866 -15- 25.a. In the cable below, please estimate the quantity of substances listed in Question. 2<*.a released to each media. Be sure to specify the measurement unit. NAME 1. MEDIA Air Surface Water Land Ground Water QUANTITY UNIT __________________________ __________ _________ _ _____ _____ Air 2. Surface Water Land Ground Water Air ______ _ ____ 3. Surface Water __________ _____ Land __________ _________________ Ground Water *- Air Surface Water Land Ground Water __________________________ _____ __________ ___ _ ___________ _____ b. Please check the items below that describe your methods or source of information for your responses in Question 25.a. ( ] physical properties [ j observation [ } or.-line instrument [ | engineering estimate [. j ocher (please describe) AP00036867 -16 26.a. Did any substances Identified in Questions 24 and 25, migrate beyond the legal boundaries of your facility (foe example, a vapor release was carried by prevailing wind beyond the fence line of your facility)? ( ] Yes (If yes, please answer Question 26.b) ( j N'o (If no, skip Question 26.b and answer Question 27) b. In the table below specify the quantities of substances that migrated past your facility boundaries. NAME l. Surface Water MEDIA Air Land Ground Water QUANTITY ___________ __________ __________ UNIT _____ _____ _____ 2. 3.Surface Water Air Surface Water Land Ground Wator Air Land Ground Water __________ __________ _____ ____ _____ Air 4. Surface Water Land Ground Water c. Please check the items below that describe your methods or source of information for your responses in Question 26.b. [ 1 physical properties and ambient conditions [ j observation [ ] on-line instrument ( 1 engineering estimate ( j other (please describe) AP00036868 -17- 27. Did injuries occur among facility employees as a result of the event? [1 U No ( ] Don t know a. If yes, please indicate number of Injuries. ( ic i t i im[i [ J Number of injuries unknown 28. Did injuries occur among the general public as a result of the event? [1 U No [ ] Don t know a. If yes, please indicate number of injuries. (1 [ ] M M M M [ ] Number of injuries unknown 29. Did deaths occur among facility employees as a result of the event? t 1 Vos [ I NO [ | Don't know a. If yes, please indicate number oC deaths. MMMMMM [ ] Number of deaths unknown AP00036869 -18 30. Did deaths oecur among the general public as a result of the event? t 1 Yes ( J No ( ] Don'c Know a. If yes, plaase indicate number of deaths. M M M M[! U [ | Number of deaths unknown 31. Did environmental effects occur as a result of the event? { | Yes ( 1 No ( j Don' t Know i a. If yes, please describe the impact. AP00036870 -19 SECTION III. CLEANUP AND PREVENTION PROFILE 32. Did your facility undertake cleanup of the release? I ] Yes (If yes, please answer Question 32) ( j No ( If no, please answer Question 33) 33. Has cleanup of the release been completed? ( ] Yes (If yes, please answer Questions 32.a and 32.b) [ j No (If no, please answer Questions 32.a and 32.c) a. Please supply the name and address of the party responsible for cleanup. (Name) (Title) (Address) (City, State) ( >________ (Telephone) b. Indicate the date cleanup activity ceased. [ i( i*ti tl-i i ( l (month) (day) (year) c. Please indicate the approximate dace completion of cleanup activity is expected. (month) (day) (year) AP00036871 -2034, Please describe the immediate response activities taken to contain or minimize the release. 35. As simply as possible, describe release prevention practices and policies (backup systems, containment system, training programs) utilized at the facility when the release occurred. 36. Please indicate which of tho prevention practices and policies listed in Question 35, if any, were ineffective in preventing the release from reaching the environtmnt. 37. Describe equipment repairs and/or replacements (management practices, operational changes, etc.) made as a result of the release. AP00036872 2136. What additional preventative measure(s) will be taken to minimize the possibility of recurrence? AP00036873