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AGENCY Texas Commission on Environmental Quality
ISSUE 02/03/2006
ACTION Miscellaneous

Notice of Meeting on March 9, 2006, in Linden, Texas Concerning the Cass County Treating Company

The purpose of the meeting is to obtain public input and information concerning a proposal of the Cass County Treating Company 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 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 March 26, 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 facility is located. The commission hereby gives notice that the commission's executive director has determined the Cass County Treating Company site to be eligible for listing, and that the executive director proposes to list it 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 facility. 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 commission is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rules in 30 TAC §350.53.

This publication 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 executive director. This notice of intent to list this facility was also published on February 1, 2006, in the Cass County Sun.

The facility proposed for listing is the Cass County Treating Company, located at 304 Hall Street, Linden, Cass County, Texas. The geographic coordinates of the site are Latitude 33 degrees 00 minutes 10 seconds North and Longitude 94 degrees 21 minutes 02 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 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.

Cass County Treating Company is a 17.07-acre site within the southeastern city limits of Linden, in Cass County, Texas. The site is bordered by residential areas to the west and north, and undeveloped wooded areas to the south and east. CCTC began preserving wood with pentachlorophenol (PCP) in the 1960's but switched to chromate copper arsenate in 1984. Three backfilled surface impoundments used for the disposal of PCP-contaminated wastewater were identified on site. Evidence of soil contamination was documented on site. PCP releases into a drainage ditch and spring water were documented in 1986. In 1987, evidence of phenolic organic contamination was documented in groundwater monitoring wells located downgradient to the surface impoundments.

In June of 1998, the TCEQ Superfund Site Discovery and Assessment Program completed a screening report for the CCTC site. During the 2004 site assessment, volatile, semi-volatile, and inorganic compounds were noted in groundwater. PCP was detected at 8,100 micrograms per liter in a groundwater well located downgradient to the surface impoundment. There are no drinking water intakes documented at the site. Naphthalene was detected in a sediment sample collected from a wetland along the intermittent tributary to Beach Creek.

A public meeting will be held on March 9, 2006, at 7:00 p.m., in Linden City Hall, Council Chambers, 104 South Main, Linden, Texas. The purpose of this meeting is to obtain additional information regarding the site 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 that is the subject of this notice 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., March 9, 2006, by Sue Rogers, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, 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 on March 9, 2006.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Atlanta Public Library, 101 West Hiram, Atlanta, Texas 75551, (903) 796-2112. 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 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 TCEQ Web site located at www.tceq.state.tx.us/remediation/superfund/index.html. 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 about this site or the public meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363.

TRD-200600383

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 24, 2006



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