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CERTIFIED HAIL RETURN RECEIPT REQUESTED UNION CARBIDE CORPORATION P. O. BOX 8004, SOUTH CHARLESTON, W. VA. 33303 Silicones end Urethane Intermediates South Charleston Plant November 18, 1986 Ms. Cheryl Wasserman Acting Chief, Air Enforcement Branch U. S. Environmental Protection Agency, Region III 841 Chestnut Building . Philadelphia, Pennsylvania 19107 Dear Ms. Wasserman: . SUBJECT: Notice of Deficiency No. 83140025087 Received November 12. 1986 This letter responds to your Notice of Deficiency, dated November 7, 1986, relating to Union Carbide's asbestos renovation activities at Its South Charleston Plant. At the outset, we wish to set the record straight concerning the requirement that Union Carbide provide prior notification of such activities. Attached hereto is a copy of the completed Asbestos Removal Notification form provided to the West Virginia Air Pollution Control Commission (WVAPCC). That agency's stamp shows their receipt on October 10, 1986, the day before the renovation actlvltes commenced. It Is Union Carbide's understanding that the State of West Virginia received full delegation and enforcement responsibility for the National Emission Standards for Hazardous Air Pollutants: Subpart M-Natlonal Emission Standard for Asbestos (NESHAPs), as stated In the attached letter to J. L. Worstel 1 from M. J. Bush of the WVAPCC dated August 8, 1986. The WVAPCC Asbestos Removal Notification form does state that a copy of such notice Is to be sent to several other agencies, one of which Is EPA. However, no time for delivery or receipt of these copies is set forth. Union Carbide posted these copies within a matter of days to the listed agencies. Finally, on the Issue of prior notification, EPA was made aware of this particular asbestos removal project by a telephone conversation between Dennis Hanshew {UCC Engineer) and Steve Copeland (EPA Asbestos Coordinator) on October 9, 1986. Mr. Copeland was contacted in an effort to determine whether the subject project was a renovation or demolition. During this conversation, Mr. Copeland was given a description of the project which Included the amount of friable asbestos material Involved, the type and location of equipment Involved, and the urgency of commencing the project on October 11, 1986 (because of the Unit's downtime and the availability of labor). UCC 006422 Hs. Cheryl Wasserman Page 2 Your letter also states that Union Carbide failed to provide certain required information. We disagree. As indicated In the attached notice to the WVAPCC, Information was provided both as to the procedure used and the location of the waste disposal site. The procedures we utilized are those set forth In 40 CFR 61.147, which are designed to prevent emissions of particulate asbestos to the air. All friable asbestos materials were thoroughly and adequately wetted during stripping. Such materials were then placed In properly labeled, leak-tight containers for disposal. So far as location of the landfill: This was provided Indirectly by reference to the RCRA ID number (WVD 005 005 509). Goff Mountain Landfill Is located at the Intersection of Goff Mountain Road and State Route 25 at Institute, WV 25112. It Is well known to EPA. Union Carbide contends, and the WVAPCC concurs, that all applicable notification requirements were satisfied. Accordingly, the subject Notice of Deficiency should be withdrawn. Please advise the undersigned regarding your decision In this matter. Very truly yours, RAM:cp 0036H Attachments J. L. Worstell Environmental Protection Coordinator CC: R. L. Weser - WVAPCC D. H. Hanshew - UCC UCC 006423 . OCT 1 0 1986 WEST VIRGINIA AIR POLLUTION CONTROL COMMISSION cOKTKaucoMtiicsioN ISM Washington Straat, tut CHAR LESTON, WEST VIRGINIA 2S311 TELEPHONE: 348-Z275 OR 34*32*6 ASBESTOS REMOVAL NOTIFICATION RENOVATIONX DEMOLITION_______________ ..DATE October 10, 1986 NAME OWNER/OPERATORUNION CARBIDE CORPORATIOJ ADDRESS/PHONE Post Office Box 8004; South Charleston, WV 25303 PHONE * ( 304 NAME CONTRACTOR POWERHOUSE EQUIPMENT SERVICES ADDRESS/PHONE Post Office Box 538; Winfield, West Virginia 25213 PHONE H ( 304 ) 757-2512 ' ------ ------ T ------------------------------------------------ LOCATION OF FACILITY/ADDRESS 437 MaoCorkle Avenue, South Charleston, WV SCHEDULED STARTING AND COMPLETION DATES OF DEMOLITION OR RENOVATION: STARTING 10-11-86 COMPLETION 10-11-86 IS FACILITY BEING DEMOLISHED UNDER AN ORDER OF A STATE OR LOCAL GOVERNMENT AGENCY? ( X ) NO ( ) YES IF YES, WHAT AGENCY - INCLUDE NAME, TITLE AND AUTHORITY: _____ APPROXIMATE AMOUNT OF FRIABLE ASBESTOS CONTAINING MATER1AUACM): 500 ft^ used to cover or coat any duct, boiler, lank, furnace, structural member, etc. linear ft on pipes Estimation techniques of amounts of ACM at demolitions for quantities less than 260 linear ft and/or 160 DESCRIPTION OF FACILITY: Age+^ 40 Prior Use No. 19 Batch Still Size LOCATION OF ACM IN FACILITY AND METHODS OF PLANNED DEMOLITION OR RENOVATION: The Still is physically located at the Mainland Chemicals Unit (across frcm Bldg. 82). The still will be removed in sections, due to its size, and will have the insulation (containing asbestos) removed east of Building 224. UCC 006424 PROCEDURES TO BE USED TO COMPLY WITH SUBPART M - NATIONAL EMISSION STANDARD FOR ASBESTOS (40 CFR): Procedures set forth in said regulation ( 61.147) will be adhered to in order to prevent emissions of particulate Asbestos to -- ---- -- ' the air. LAB TESTING BY: Not Applicable_______________________________________ ADDRESS/PHONE____________________________________________________________ NAME/LOCATION OF WASTE DISPOSAL SITE: GOFF MOUNTAIN LANDFILL SITE APPROVED BY DNR: ( ) NO ( x ) YES COMMENTS: Permit 2WVD 005 005 509 loj(o/sl TITLE:_____________________ '' Environmental Protections Coordinator In addition to the West Virginia Air Pollution Control Commission, a copy of this notice must be sent to the following agencies: U. S. Environmental Protection Agency Region HI (3AM22) ' 841 Chestnut building Philadelpha, Pennsylvania 19107 Attn: Asbestos/NESHAP Coordinator Solid Waste Office' Division of W:ater Resources WV Department of Natural Resources 1260 Greenbrier Street Charleston, West Virginia 25311 Attn: Asbestos Coordinator Asbestos Control WV Health Department 4877 Brenda Lane Charleston, West Virginia 25312 Attn: Asbestos Coordinator APCC-ARN-3/86 UCC 006425 Page 2 of 2 WEST VIRGINIA AIR POLLUTION CONTROL COMMISSION 1558 Washington Str#, East CHAR LESTON, WEST VIRGINIA 25311 TELEPHONE: 348 2275 OR 343-328G RECtiVi u J \MOPcTPl-1" August 8, 1986 Mr. J. L. Worslell Environmental Protection Coord. Union Carbide Corp. South Charleston Plant P.O. Box 8004 South Charleston, WV 25303 ' Dear Mr. Worsteil: ' The West Virginia Air Pollution Control Commission (IVVAPCC) enforces the National Emission Standard for Hazardous Air Pollutants: Subpart M - National Emissions Standard for Asbestos. Pertaining to asbestos demolition and renovation projects, 61.146 of said regulation requires that a written notice of intention to demolish or renovate be provided. Such notices shall be delivered as follows: 1) At least 10 days before demolition begins, if such demolition involves friable asbestos materials in the amounts of at least 260 linear feet on pipes or at least 160 square feet on other facility components, 2) At least 20 days before demolition begins, if such demolition involves friable asbestos materials in the amounts of less than 260 linear feet on pipes and less than 160 square feet on other facility components, 3) At least 1 day before demolition begins, if such demolition is being conducted under order of a State or local government agency because of the danger of imminent collapse, 4) At least 1 day before renovation begins, if such renovation involves friable asbestos materials in the amounts of at least 260 linear feet on pipes or at least 160 square feet on other facility components, 5) At least 1 day before renovation begins, if such renovation involves friable asbestos materials in the amounts - such that the predicted additive amounts over a period of time (not to exceed one year) ~ are at least 260 linear feel on pipes or at least 160 square feet on other facility components. UCC 006426 August 8, 1986 Page 2 Please find enclosed copies of the WVAPCC's Asbestos Removal Notification form. This form is to be used for all asbestos demolition and renovation projects, as described above, within the State of West Virginia. Should you need additional copies of this form, either make photocopies or contact this agency. Should you have any questions, please contact Michael Bush at (304)'348-4022. ' Sincerely, MJB/taa Enclosures Engineer 1, Compliance Division UCC 006427 WEST VIRGINIA AIR POLLUTION CONTROL COMMISSION 1558 Whmgion Stmt. Et CHARLESTON. WEST VIRGINIA 25311 TELEPHONE: 34S 2275 OR 348-3286 ASBESTOS REMOVAL NOTIFICATION RENOVATION_____________ DEMOLITION______________ DATE NAME OWNER/OPERATOR_____________________________________________ ADDRESS/PHONE___ ___________________________________________________ PHONE H ( NAME CONTRACTOR__*________ ________________________________________ ADDRESS/PHONE LOCATION OF FACIL1TY/ADDRESS PHONE () SCHEDULED STARTING AND COMPLETION DATES OF DEMOLITION OR RENOVATION: STARTING________________ COMPLETION IS FACILITY BEING DEMOLISHED UNDER AN ORDER OF A STATE OR LOCAL GOVERNMENT AGENCY? ( ) NO { ) YES IF YES, WHAT AGENCY - INCLUDE NAME, TITLE AND AUTHORITY: APPROXIMATE AMOUNT OF FRIABLE ASBESTOS CONTAINING MATERIAL(ACM): ft- used to cover or coat any duct, boiler, tank, furnace, structural member, etc. _____linear ft on pipes Estimation techniques of amounts of ACM at demolitions for quantities less than 260 linear ft and/or 160 ft^ DESCRIPTION OF FACILITY: Prior Use Age_________ Size LOCATION OF ACM IN FACILITY AND METHODS OF PLANNED DEMOLITION OR RENOVATION: UCC 006428 PROCEDURES TO BE USED TO COMPLY WITH SLBPART M - NATIONAL EMISSION STANDARD FOR ASBESTOS (40 CFK): LAB TESTING BY:_____________________________ A DOR ESS/PHONE______________________________ NAME/LOCATION OF WASTE DISPOSAL, SITE: SITE APPROVED BY DNR: ( ) NO ( ) YES COMMENTS: Permit = SIGNATURE: TITLE: In addition to the V\est Virginia Air Pollution Control Commission, e copy of this notice must be sent to the following agencies: U. S. Environmental Protection Agency Region III (3AM22) 841 Chestnut building Philadelphia, Pennsylvania 19107 5 Attn: Asbestos/NESHAP Coordinator Solid Waste Office Division of Water Resources W`V Department of Natural Resources 1260 Greenbrier Street Charleston, West Virginia 25311 Attn: Asbestos Coordinator . Asbestos Control WV Health Department 4877 Brenda Lane Charleston, West Virginia 25312 Attn: Asbestos Coordinator APCC-ARN-3/86 Page 2 of 2 UCC 006429 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 841 Chestnut Building Philadelphia, Pennsylvania 19107 RECEIVED NOV 1 2 EPO Mr. D.H. Hanshew Union Carbide Corporation P.O. Box 8004 South Charleston, WV 25303 NOV 7 1986 NOTICE OF DEFICIENCY: #831410025087 Deficiency in Notice to EPA of Asbestos Demolition or Renovation Operation Dear Mr."Hanshew: - This is to inform you that the notice of asbestos renovation postmarked October 14, 1986, for the Number 19 Batch Still at Mainland Chemicals Unit which was submitted to the United States Environmental Protection Agency (EPA) was incomplete. Therefore, Union Carbide Corporation has failed to comply with the requirements of 40 C.F.R. 61.146, and of Section 112 of the Clean Air Act as amended (the Act), 42 U.S.C. 7412. Pursuant to Section 112 of the Act, EPA promulgated regulations, known as the National Emission Standards for Hazardous Air Pollutants (NESHAP) for several hazardous air pollutants, including asbestos. The NESHAP for asbestos are contained in the Code of Federal Regulations, Title 40, Part 61, Subpart M (40 C.F.R. 61.140-156). The regulations require that the owner or operator (including a contractor) of a building or facility notify EPA of plans to demolish or renovate a building containing friable asbestos material. The type and extent of information required depends upon the amount of asbestos which is to be removed. The information you are required to submit may be determined by referring to 40 C.F.R. 61.145 and 61.146. The regulations also require the notice to be postmarked or delivered to the Regional Office of EPA within a specified time before the work begins. The notice Union Carbide Corporation submitted to EPA failed to include the following required information: . procedures being used to remove the asbestos-containing material. . location of waste disposal site. UCC 006430 2 Also, the notice Union Carbide Corporation submitted to EPA was deficient because it failed to provide the EPA with a notification prior to commencement of the asbestos operation as tequired by 40 C.F.R. 61.146(b)(4). The scheduled starting date of the removal was stated as October 11, 1986. However, the notification was postmarked October 14, 1986. Please submit this information to this office within three (3) days of your receipt of this letter. Failure to comply with the asbestos NESHAP regulations could result in the issuance of an Order requiring compliance with the requirements, or the initiation of a civil action pursuant to Section 113(b) of the Act. Such an action can result in a civil penalty of up to $25,000.00 per day of .violation. . In addition, pursuant to Section 113(c)(1)(C), any person who knowingly violates the provisions of Section 112(c), which pertains to violation of certain provisions of NESHAP, is subject to fines of up to $25,000.00 per day of violation, or by imprisonment for not more than one year, or both. If you have any questions concerning this notice, please contact Carol A. Febbo, Air Enforcement Branch, at (215) 597-9325. Sincerely, Cneryi wasserman. Acting Chief Air Enforcement Branch cc: Michael Bush West Virginia Air Pollution Control Commission UCC 006431 UCC 006432