1. Eric Agnew Environmental Regulations February 15, 2006

2. Layout  Scenario  TMDL  How have the regulations changed?  Will the rules affect National Semiconductors (NS)?

3. Scenario  National Semiconductors (NS) has two facilities  Each has a CWA heavy metal (mostly Cu and Al) and organic loading discharge permit no maximum limit in the permits  There are proposed TMDL rules that may affect the NS facilities

4. What is TMDL?  Total Maximum Daily Load a scientific model that “determines the maximum amount of a pollutant that a water body can receive and still both attain and maintain its water quality standards”  Purpose to improve water quality in impaired or threatened water bodies to fulfill Section 303(d) of the Clean Water Act *An impaired water body is one in that has been deemed not suitable for fishing, swimming,or use as a public water supply http://www.tceq.state.tx.us

5. Lead up to a TMDL  Once a water body is listed as impaired, a state has ten years to implement a TMDL  The TMDL must identify: the affected water body the pollutant water quality standard pollution budget (how much is allowed) sources of the pollutant margin of safety

7. History of TMDL  Established in 1972 Initially only focused on point sources  Revised in 1999 to account for a large number of citizen lawsuits (40) and comment letters (>34,000) Now took into account both point and non-point sources and included a margin of safety allocation  New rules approved in 2000 http://deq.louisiana.gov

8. Formula http://deq.louisiana.gov *The margin of safety allocation is used to account for any uncertainties in the scientific methods used (such as modeling and seasonal variations) *

9. Point Sources  Wastewater runoff  Confined Animal Feeding Operations (CAFOs)  Active oil and mine sites  Runoff from waste disposal sites http://deq.louisiana.gov

10. Non-point sources  City storm water drains  Agricultural/Pasture land runoff  Lawns and gardens Fertilizers, leaves, grass clippings, etc.  Forests  Roads and parking lots http://deq.louisiana.gov

11. Environmental Assessment  In 1972, only 30 to 40% of the nation’s waterways were considered suitable for public use  By 2000, 60 to 70% of the waterways were considered safe

12. Categories of Water Bodies in Texas http://www.tceq.state.tx.us/comm_exec/forms_pubs/pubs/pd/020/03-04/texaswaters.html Currently 306 category five water bodies in Texas - Up from only 142 under the 1996 assessment

13. Lower Sabine Impairments Impairments NOTE: Click on the underlined "Impairments Reported" value to see a listing of those waters with the impairment. Impairment NameImpairments ReportedPercent of Reported BACTERIA 9 40.91 DISSOLVED OXYGEN 8 36.36 CADMIUM 1 4.55 MERCURY 1 4.55 PH 1 4.55 LEAD 1 4.55 COPPER 1 4.55 Total Number of Impairments Reported: 22 http://oaspub.epa.gov

14. Lower Sabine http://oaspub.epa.gov  In 2000 and 2001 in Texas, no TMDLs were drafted for the segments containing the Lower Sabine  By 2005, there were two category five water bodies

15. Sabine River Copper Impairment and Organic Enrichment EPA EnviroMapper for Water http://oaspub.epa.gov Old River to Sabine Lake LA110301 Adams Bayou Tidal TX 0508

16. Will new TMDL Regulation Affect NS?  More stringent limits could be imposed than established by EPA  Degree of stringency could depend on whether other facilities contribute to listed pollutants  Costs incurred to facility dependent on degree of limitation

17. Alternatives to Upgrading  If several discharge points, determine which point is discharging the pollutant of concern Treat discharge separately instead of entire combined discharge  Negotiate with a publicly owned treatment works (POTW) to receive the plant’s discharge

18. Alternatives to Upgrading  Some water treatment plants accept industrial waste water in addition to its regular load Not always convenient  Plants may require industrial user to pretreat its waste water  Land application possible if facility can contract with a land owner

19. Final Decision  Costs associated with building new plants in Latin America should be weighed against the costs of upgrading current facilities  Proximity to POTW or land application site could add to cost involved

20. Final Point  The new TMDL Regulation will affect the National Semiconductor’s plants  Will the cost of building new plants be less than the cost associated with upgrading beyond what is required? Plants would be able to produce more semiconductors (and make more money)