Texas Instruments
Texas Instruments Incorporated
Texas
Instruments
David Bond
EPA Region 6
Dallas, Texas
Dear David,
I would like to thank you for meeting with
us regarding the TI XL Project. We found it a very beneficial and illuminating
discussion. I have enclosed the additional information that we agreed
to provide during the meeting which included 1) The Texas Instruments
locations that would be participants in the program, 2) the updated list
of recyclers, and 3) a discussion of why the proposed contaminated media
rule would not adequately address our excavated materials management issues.
The other issues were unilaterally agreed to be further discussed if the
EPA preliminarily approved the project to progress to negotiations stage.
Thanks and Regards,
Tim Yeakley
Corporate ESH
Texas Instruments
TI XL Project Repurification Stakeholders
ROMIC Environmental Technologies Corporation
2081 Bay Road
East Palo Alto, CA 94303-1316
(416) 324-1638
EPA ID# CAD009452657
Attn: Ron Tressen
USPCI/Laidlaw Environmental Services
4303 Profit Drive
San Antonio, TX 78219
(210) 304-8000
EPA ID# TXDO52649027
State ID# 31905
Attn: Lynn Crane
Hydrite Chemical Company
411 N. Main Street
Cottage Grove, WI
EPA ID# WID000808824
Attn: Mark Hoyord
(414) 782-1450 EXT 730
TO VIEW "TI SITES/BLDGS GENERATORS CODES, EPA AND
STATE ID NOS.", CLICK HERE. (PDF 1 pages; 47K)
Texas Instruments Incorporated
Texas Instruments
WHY PROPOSED CONTAMINATED MEDIA RULE WOULD NOT ADEQUATELY ADDRESS TI
CONCERNS ABOUT EXCAVATED MATERIALS MANAGEMENT
Although TI supports EPA's efforts to provide more
flexible management requirements for the handling of contaminated media,
as contemplated by the proposed HWIR-media rulemaking published at 61
Fed. Reg. 18780 (April 29, 1996), TI does not believe that these rules,
as proposed, provide the necessary relief to enable a company to handle
on-site activity that can result in the disturbance of soil and water
in the most environmentally-responsible manner in all circumstances.
Specifically, the excavated materials management component of TI's proposed
Project XL proposal seeks to exclude from the universe of hazardous
waste media containing constituents below conservative risk based levels,
such as the State of Texas' Risk reduction Standard 2 levels, that is
disturbed on side and can be re-used as a resource at that same facility.
One example of particular interest to TI is the situation where, because
of TI's conservative approach to waste classification, soils which contain
extremely low levels of solvents are deemed by TI under today's rules
to be listed wastes (F001-F005 or F039), would not meet the criteria
for characteristic hazardous wastes and are below risk based action
levels. TI does not believe this type of media should be subject to
RCRA regulation or require the case-by-case exit determination contemplated
by the proposed bright line approach.
The HWIR-media rule focuses on the management of contaminated media
in the remediation context generally, which TI agrees requires greater
scrutiny and procedural safeguards than does media proposed to be re-used
on site which but for application of the listed and contained-in rules,
would not be considered hazardous wastes. It is this second category
of media that TI proposes to address in its resource management program.
The troublesome aspects of a case-by-case approach to making a contained-in
determination with respect to the media for a company such as TI relates
primarily to the time and paperwork that would be entailed in adhering
to the procedures outlined in the proposed rulemaking. Moreover, given
the nature of the media TI wants to include in Project XL in order to
allow on-site re-use and avoid unnecessary classification and disposal
as a hazardous waste, the approach the proposed rule contemplates seems
to be inefficient use of both agency and industry resources.
TI would continue to support further development of the contaminated
media HWIR-rule, with a preference for the unitary approach for media
that exceed health-based risk levels. However, TI does not believe that
the complexity and detail of the rule is appropriate for the media that
TI proposes to handle under Project XL.