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AGENCY Texas Commission on Environmental Quality
ISSUE 07/22/2005
ACTION Miscellaneous

Notice of Final Deletion of the McNabb Flying Service Proposed State Superfund Site from the State Superfund Registry

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of final deletion of the McNabb Flying Services (the site) from its proposed-for-listing status on the state registry for state Superfund sites. The state registry lists contaminated sites 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 site was originally proposed for listing on the state registry in the November 12, 1999, issue of the Texas Register (24 TexReg 10233). 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 539, Alvin, Brazoria County, Texas. The approximate geographic coordinates of the site are Latitude 29 degrees 27 minutes 8 seconds North and Longitude 95 degrees 17 minutes 30 seconds West. In addition, the site included any areas where hazardous substances came to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The Texas Natural Resource Conservation Commission (TNRCC), predecessor agency of 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. The TNRCC collected several soil and groundwater samples. The results of the soil samples indicated that the site was impacted by various pesticides. These substances, in the amounts detected at the site, were determined to pose a risk for imminent and substantial endangerment to public health and safety or the environment.

Because the site was accepted into the TCEQ Voluntary Cleanup Program, it may now be deleted from the state registry as provided by Texas Health and Safety Code, §361.189(a) and §335.344(c).

In accordance with §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the site on May 26, 2005, at the TCEQ, 12100 Park 35 Circle, Austin, Texas. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Brazoria County, Texas stating that the site has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to John Flores, (800) 633-9363.

TRD-200502833

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 12, 2005



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