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AGENCY Texas Commission on Environmental Quality
ISSUE 04/08/2005
ACTION Miscellaneous

Notice of a Meeting to Discuss Deletion of the McNabb Flying Service from the State Superfund Registry

Notice of meeting on May 26, 2005 at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Building D, Room 200-33, Austin, Texas, concerning the McNabb Flying Service Proposed state Superfund site. The purpose of the meeting is to obtain public input and information concerning the proposal to delete the site from the state Superfund registry.

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing a notice of deletion of the McNabb Flying Service site (the site) from the state Superfund registry. The state registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the site has been accepted into the Voluntary Cleanup Program.

The site was originally proposed for listing on the state registry on November 12, 1999. The site, including all land, structures, appurtenances, and other improvements, is approximately 70 acres located at the southeast corner of County Road 146 and County Road 533, Alvin, Brazoria County, Texas. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

McNabb Flying Service was initially operated as a pilot school; however, the exact dates of this operation are unknown. After the flying school ceased operations, the site owner's son, Frank McNabb, began operations as an aerial pesticide application service. After Frank McNabb retired, the pesticide application service was operated for about another year by Frank McNabb's son, Toby McNabb. It is not known when Toby McNabb ceased operations. The TCEQ inspected the site and noted numerous drums and other containers of various sizes containing pesticides, solvents, paint, and other unknown materials. In addition to the drums and containers, the soil appeared to be impacted. TCEQ collected several soil and groundwater samples. The results of the soil samples indicated that the site was impacted by various pesticides and heavy metals.

The site has been accepted into the TCEQ Voluntary Cleanup Program and is therefore eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comments on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on May 26, 2005, 10:30 a.m. at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Building D, Room 200-33, Austin, Texas.

All persons desiring to make comments regarding the proposed deletion of the site may do so prior to, or at, the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. May 25, 2005, and should be sent in writing to Carol Boucher, P.G., Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087, or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting of May 26, 2005.

A portion of the record for the site including documents pertinent to the executive director's proposed deletion is available for review during regular business hours at the Alvin Branch Library, 105 South Gordon Street, Alvin, Texas, (281) 388-4300. Copies of the complete public file are available for viewing during regular business hours at the commission's Records Management Center, Building E, First Floor, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-5674. Requests should be made as far in advance as possible.

For further information about the public meeting, please call John Flores at (800) 633-9363.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 29, 2005

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