Document vrLwekr4OEe7qVdKmNojQroZ

PLAINTIFF'S EXHIBIT CERTIFIED HAIL RETURN RECEIPT REQUESTED UNION CARBIDE CORPORATION P. O. BOX 8004, SOUTH CHARLESTON, W. VA. 25303 Silicones and Urethane Intermediates South Charleston Plant Nov 211985 ^AiVTr.vAMr, o. November 18, 1986 Ms. Cheryl Hasserman 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 H-Natlonal Emission Standard for Asbestos (NESHAPs), as stated In the attached letter to J. L. Worstell 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 Ms. 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 10 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. Verv trnlu vnnrc RAM:cp 0036H Attachments J. L. Worstell Environmental Protection Coordinator CC: R. L. Weser - WVAPCC D. H. Hanshew - UCC UCC 006423 WEST VIRGINIA AIR POLLUTION CONTROL COMMISSION ISM WMhtngton StM, E**t CHARLESTON, WEST VIRGINIA 25311 TELEPHONE.- 349-2275 OR 348-3286 ASBESTOS REMOVAL NOTIFICATION 6OCT 1 1986 cotkolcomUicsiom RENOVATIONX DEMOLITION______________ NAME OWNER/OPERATORUNION CARBIDE CORPORATION ..DATE October 10, 1986 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 # ( 304 ) 757-2512 - "| ------- ' ----------- LOCATION OF FACILITY/ADDRESS 437 MacCorkle 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 MATERIAL(ACM): 500 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: Age - 40 Size Prior Use No. 19 Batch Still LOCATION OF ACM IN FACILITY AND METHODS OF PLANNED DEMOLITION OR RENOVATION: The Still is physically located at the Mainland chemicals Unit (across from 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 ( y ) YES COMMENTS: Permit 2WVD 005 005 509 ' TITLE: Environmental; Protection'- C<*ardirtor 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 ID (3AM 22) 841 Chestnut building Philadelpha, Pennsylvania 19107 Attn: Asbeslos/NESHAP Coordinator Solid Waste Office' Division of Water 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