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AGENCY Texas Commission on Environmental Quality
ISSUE 01/06/2006
ACTION Miscellaneous

Notice of Meeting Concerning the Addition of the Rogers Delinted Cottonseed Company to the State Superfund Registry

The Texas Commission on Environmental Quality (TCEQ) is required under the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 361, 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 April 29, 2005, issue of the Texas Register (30 TexReg 2583). This notice was also published on January 5, 2006, in the Colorado City Record.

In accordance with the Act, §361.184(a), the TCEQ must publish a notice of intent to list a facility on the state registry of Superfund sites in the Texas Register and a newspaper of general circulation in the county in which the site is located. With this publication, the TCEQ is giving notice that the facility is eligible for listing and therefore the TCEQ proposes to list it on the state registry. The TCEQ also proposes a commercial/industrial land use, rather than a residential land use, as appropriate for the facility. This land use proposal is in keeping with the requirements located in 30 TAC §350.53, Land Use Classification. Determination of appropriate land use may impact the remedial investigation and remedial action for the facility.

This notice also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the TCEQ.

The facility is located in Colorado City, Mitchell County, Texas. The geographic coordinates of the facility are latitude 32 degrees 24 minutes 41.81 seconds, longitude 100 degrees 51 minutes 59.84 seconds. The description of the facility is based on information available at the time the facility was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the TCEQ to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The facility description may change as additional information is gathered on the sources and extent of contamination.

The facility is located near the intersection of Interstate Highway 20 and State Highway 208. The facility is 49.1 acres in size. The company operated on 9.1 acres of property and the additional 40 acres were used for irrigation with wastewater generated during its operation. The operating area consists of two storage buildings, a small office with weigh station, process building, two acid tanks, and two surface impoundments. The facility operated a wet acid cotton seed delinting process to provide seed for planting from 1965 to 1983. The facility incorporated areas for receiving, storing, delinting, applying chemicals, and shipping of cottonseed. The delinting process utilized concentrated sulfuric acid to dissolve cotton fibers from the seed. Used acid and rinse waters containing the decomposing fibers were discharged from the process area to a sump through an underground clay pipe into one of the two surface impoundments north of the facility. The wastewater in the larger impoundment was documented to have a pH of <1. Seeds were treated with pesticide or fungicide prior to packing. The TCEQ installed a security fence around the surface impoundments and all the buildings in January 2005. TCEQ also removed a contaminated soil pile, drums, and containers in February and March of 2005.

A public meeting will be held on February 9, 2006, 7:00 p.m., at the Colorado City Civic Center, 157 West 2nd Street, Colorado City, Texas. The purpose of this meeting is to obtain additional information regarding the facility relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility is located. The public meeting will be legislative in nature and is not a contested case hearing under the 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 February 8, 2006, and should be sent in writing to Mr. Zebao Li, 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 proposed action will end at the close of the public meeting on February 9, 2006.

A portion of the record for this facility, including documents pertinent to the proposal of the facility to the state registry, is available for review during regular business hours at the Mitchell County Public Library, 340 Oak Street, Colorado City, Texas 79512. Copies of the record may also be obtained during regular business hours at the TCEQ'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 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 or (512) 239-5674. Requests should be made as far in advance as possible.

For information about the facility, please call Mr. Li at (512) 239-2229. For information about the public meeting please, call John Flores, TCEQ Community Relations at (800) 633-9363.


Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: December 27, 2005

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