Document 82NaNoyM6eMBk4RYRp63xQ4ge

PUiNTlFPS EXHIBIT INTERNAL CORRESPONDENCE UNION CARBIDE CORPORATipN COATINGS MATERIALS DIVISION Star Route Box 90, Brownsville, Texas 78521 TalNmt Company Location Mr. Dick Blackaore Bldg. 2000, Roots 2403 Tech Center South Charleston, W. 7a. 25303 Cow to Oaco January 25, 1990 Ortylnatlfe Oaqt. AflCMHnf littif dots SiAtc Asbestos Disposal - _ Brownsville Plant Mr. Blackaore Enclosed la a letter dated February 10, 1989 written by Mr. Dick Lasher regarding the justification and calculation of the reaoval of Insulation fro* the Brownsville Plant. Pleasa call we at (512) 831-4501 if you should have any questions. <4fflC/lw Enclosure Bells Cortes DE 007406 UNION CARBIDE CORPORATION , Solvents k Costings Materials Division 39 Old ftldueburv Road Danbury, CT 06817-0001 TO: T. T. Elgin DATE: February 10, 1999 . CC: F. H. Con* B. Cortez H. E. Tapp D. B. Smith, II R. L. Homack SUBJECT: Asbestos Dlsposal-8rownsvllle PUnt1 Definition of the Issue In 1988 Brownsville Technical Park (8TP) entered Into a contract to purchase the equipment located In the process area of the Brownsville Plant. The contract requires BTP to dismantle theequtpment and dispose of any Insulation on that equipment. He estimate the Insulation on the equipment in the process area to consist of approximately 5300 cubic yards; 2500 cubic yards of asbestos type and 2700 cubic yards of non-asbestos Insulatlton. Since some of the material cannot be Identified as asbestos or non-asbestos we will assume there Is 2600 cubic yards of each type of Insulation for disposal purposes. Both the Brownsville and Harlingen landfills are permitted by the state of Texas to accept asbestos, provided It meets certain requirements. The asbestos Insulation from the Brownsville Plant meets these requirements. However,, the Texas Air Control Board (TACB) and Mark Tapp recommend disposing of the asbestos at the Harlingen Landfill since the material will be Isolated, tracked on a long term basis and the site Is properly secured and managed. Several problems exist with the Brownsville landfill. The site has a high water table preventing Isolation, frequent scavenging occurs on the site and our material will not be tracked on a long term basis. The Brownsville landfill Is acceptable to BTP and their purchase price of the equipment was predicated on disposing the Insulation at the Brownsville landrill. There Is a significant difference In disposal costs between the two landfills and the costs shown below were verified by Bella Cortez: Brownsville $/Cu. Yd. Harlingen Difference $/Cu. Yd. Asbestos Insulation $9.70 $32.00 $22.30 Non Asbestos Insulation $4.30 $32.00 $27.70 DE 007407 -2- UCC requested BTP to dispose of the Insulation In the following manner: . Treat all 5300 cubic yards of Insulation as asbastos for removal and disposal purposes. Dispose of all the Insulation at the Harlingen landfill. These two requests by UCC results In $130,000 of additional disposal costs which will be for UcC's account. The $130,000 of additional cost can be derived by the following calculation: Insulation Tvoe Asbestos Non Asbestos Quant!ty Cu. Yds. 2,600 2.600 Difference In Disposal Cost S/Cu. Yd. $22.30 ; $27.70 , . Additional Cost $ $S7,980t $72,020 Total 5,200 $130,000 By comparison, the additional disposal cost to UCC for using the Brownsville landfill would only be $14,040 and this additional cost Is due to treating all of the Insulation as asbestos. Relevant documentation pertaining to the choice of landfill sites, disposal procedures and disposal costs for each site Is attached. Recommendation * Slnce'all of UCC's activities are under Intense serutjny In Brownsville due to the ongoing litigation, and both the TACB and Mark Tapp recommend disposing of the asbestos Insulation at the Harltngen landfill that recommendation Is endorsed by myself and Bella Cortez. I would like your endorsement of the recommendation as soon as possible, since considerable materials are bagged and scattered around the plant site awaiting disposal. Additional delay results In the costs escalating due to double handling of the bags and the replacement of the bags which are broken. Please Indicate your endorsement by signing and dating the face of this letter and writing approved. DE 007408 -3- Nt Sttps lisi .1 RHL discuss th* r*coMn*ndatlon with Ty Elgin to gat his approval. .2 RHL coMMunlcat* UCC's position to BTP In writing and obtain their agr**m*nt. 3. RHL negotiate all rmtnlng asbestos renoval and disposal costs with BTP. 4. BTP will contract with a third party for th* disposal of alT Insulation per Mark Tapp's Instructions which ar* attached. Completion Data 2/13/89 2/14/89 2/14/89 2/15/89 r This Is on* of Many txamplts of how th* *nvlronM*ntal closur* costs at th* - Brownsvlll* Plant contlnu* to ascalat*. Pitas* contact m* If you hav* any quistlons. Bast regards, 0 RHL/wg 9673* Attachoent R. H. Lashtr PE 007409