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AGENCY Texas Commission on Environmental Quality
ISSUE 12/09/2005
ACTION Miscellaneous

Notice of Public Meeting on Thursday, January 19, 2006, in Midlothian, Texas Concerning the Texas American Oil State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the site and to delete the site from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the Texas American Oil State Superfund site (the site) and to delete the site from its listed status on the state Superfund registry. The state registry is the list of state Superfund 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 ED has determined that due to remedial actions that have been performed, the site no longer presents such an endangerment. This combined notice was also published in the Midlothian Mirror on December 7, 2005.

The site was listed on the state Superfund registry in the January 22, 1988, issue of the Texas Register (13 TexReg 427). The site, including all land, structures, appurtenances, and other improvements, is located in Midlothian, Ellis 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.

The Texas American Oil site is located in an abandoned limestone quarry, approximately three miles north of Midlothian on the west side of Old State Highway 67 in northwest Ellis County, near the Dallas County line. The eight-acre tract was the location of a waste oil recycler, which re-refined used crankcase and transmission oil from 1970 to 1978. When the facility closed in 1978, the wastes were pumped from the three pits near the west end of the facility; the remaining sludge was mixed in place with soil, and the pits were covered with a three-inch layer of asphalt to comply with a Texas Department of Water Resources order. In 1980, the property was leased by a transporter of used oil. Records indicate that operations were shut down that same year but most of the structures, tanks, and stored waste remained on site until at least 1984, when the United States Environmental Protection Agency made an inspection and recommended that Texas American Oil remove all liquids from a sump pit and a 135,000-gallon storage tank and restrict access to those areas. An April 1987 site inspection showed that all tanks and equipment had been removed; however, soil samples from the areas of the structures showed elevated lead concentrations. At the time of the hazard ranking scoring, the contaminants of concern included chloroform, lead, and polychlorinated biphenyls (PCBs).

The remedial actions, conducted from 2002 to 2004, consisted of treatment and/or removal of contaminated soils, sludge, asphalt, liquid, and waste from the site and disposal of this material at an appropriately licensed and permitted off-site disposal facility. The remedial action also included plugging and abandonment of monitoring wells on the site, placement of off-site select fill and topsoil material, and re-vegetation of all disturbed areas of the site.

As a result of the remedial actions that have been performed at the site, the ED has determined that the site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Site conditions have met the residential land use criteria as established by the Texas Risk Reduction Program and the security fence remains on the site. Therefore, no further action is necessary at the site and the site is eligible for deletion from the state registry of Superfund sites as provided by 30 TAC §335.344(c).

The commission will hold a public meeting to receive comment on the proposed deletion of the site and the determination to take no further action. This public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m., Thursday, January 19, 2006, in Council Chambers of Midlothian City Hall, 104 West Avenue E, in Midlothian, Texas.

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., January 19, 2006, to Mr. Alvie Nichols, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile (512) 239-2303. The public comment period for this action will end at the close of the public meeting on January 19, 2006.

A portion of the record for this site, including documents pertinent to the proposed deletion of the site, is available for review during regular business hours at the A.H. Meadows Public Library, 921 South Ninth Street, Midlothian, Texas 76065, (972) 775-3417. 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, 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 is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

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

For further information regarding this meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363.

TRD-200505497

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 29, 2005



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