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AGENCY Texas Commission on Environmental Quality
ISSUE 05/20/2005
ACTION Miscellaneous

Notice of Meeting on June 23, 2005, in Mount Pleasant, Texas Concerning the Dorchester Refining Company Site

The purpose of the meeting is to obtain public input and information concerning the proposal of the Dorchester Refining Company site to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code (the Act), Chapter 361, as amended to annually publish a state registry that identifies facilities that 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 most recent registry listing of these facilities was published in the September 24, 2004, issue of the Texas Register (29 TexReg 3278).

In accordance with the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the Dorchester Refining Company site (the site) is located. The commission hereby gives notice that the commission's executive director has determined the Dorchester Refining Company site to be eligible for listing, and that the executive director proposes to list the site on the state registry. The commission also gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the site. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing use of the property, as prescribed in the Texas Risk Reduction Program rule (30 TAC §350.53).

This notice also explains the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list the Dorchester Refining Company site was also published on May 20, 2005, in the Mount Pleasant Daily Tribune.

The site is located at the 1700 Block of West First Street, Mount Pleasant, Titus County, Texas. The geographic coordinates of the site are Latitude 33 degrees 09 seconds 15 seconds north and Longitude 94 degrees 59 seconds 15 seconds west. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, and relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

The site covers approximately 130 acres and is west of Mount Pleasant, on the south side of the 1700 Block of West First Street. The site was actively refining gasoline, diesel, and asphalt products from 1936 to 1984. In July of 1998, the TCEQ conducted a soil sampling at the site. Observed releases of pyrene, chrysene, benzo(b&k)fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene, benzo(g,h,i)perylene, cadmium, chromium, lead, and mercury were detected on site at levels greater than three times background concentrations. In October 2002, TCEQ conducted a sediment sampling event to document an observed release of hazardous substances into Tankersley Creek. Releases into the creek of cadmium, chromium, and lead were documented.

Currently on site are refinery office and operation buildings as well as the refinery infrastructure and storage facilities. Waste materials on site appear to include gas/oil sludge, asphalt tank bottoms, asphalt, heat exchanger bundle sludge, API separator sludge, and slop oil.

A public meeting will be held on June 23, 2005, at 7:00 p.m., in the Walnut Room of the Mount Pleasant Civic Center located at 1800 N. Jefferson Avenue in Mount Pleasant. The purpose of this meeting is to obtain additional information regarding the site's eligibility for listing on the state registry, obtain additional information regarding potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the site is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments 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., June 23, 2005, and should be sent in writing to Carol Boucher, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087, or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 23, 2005.

A portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, is available for review during regular business hours at Mount Pleasant Public Library, 213 North Madison, Mount Pleasant, Texas, (903) 575-4181. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 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.

Information is also available regarding the state Superfund program on the commission's Web site at www.tnrcc.state.tx.us/permitting/remed/superfund/index.html. 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) 239-2463. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Michael Hoffman, TCEQ Community Relations, at (800) 633-9363, extension 6162.

TRD-200501905

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 11, 2005



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