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AGENCY Texas Commission on Environmental Quality
ISSUE 02/24/2006
ACTION Miscellaneous

Notice of Public Meeting on March 30, 2006 in Farmersville, Texas Concerning the Rogers Delinted Cottonseed Company 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 Rogers Delinted Cottonseed Company State Superfund site (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 site and to delete the site from its proposed-for-listing 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 removal actions that have been performed, the site no longer presents such an endangerment. This combined notice was also published in the Farmersville Times on February 23, 2006.

The site was listed on the state Superfund registry in the June 28, 2002, issue of the Texas Register (27 TexReg 5865). The site, including all land, structures, appurtenances, and other improvements, is located one mile east of Farmersville, Texas at the intersection of SH 380 and FM 547 in Collin County, Texas. The site also includes 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.

Rogers Delinted Cottonseed Company operated from 1965 to 1984, when it was abandoned. The site may be divided into three separate areas: (1) the processing area in the northwest corner of the property (approximately 20 acres); (2) irrigation fields located south and east of the processing area (approximately 30 acres); and (3) remaining undeveloped land located along the eastern portion of the site. Arsenic compounds were used to defoliate the cotton plants. The facility then delinted the cottonseeds by washing them with 5% sulfuric acid to chemically remove husks, lints, fibers, and other suspended particulate matter. The process also included the use of a fungicide to protect the delinted cottonseeds. The spent acid solution from the process area was collected in two surface impoundments. The surface impoundments were used as settling ponds to separate the suspended solids from the acid solution. Upon determination that the site did not qualify for the National Priorities List, the site was proposed to the state Superfund registry. Remedial investigation and removal actions were performed at the site. Actions included the treatment and discharge of low pH water, stabilization and backfill of the surface impoundments, and removal of metal-contaminated soils. The removal actions resulted in the soils being restored to commercial/industrial use.

As a result of the removal 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 commercial/industrial land use criteria as established by the Texas Risk Reduction Program. A deed recordation was placed on the site (Affected Property) stating that no further remediation of the Affected Property is required by the TCEQ as long as the Affected Property is not to be used for residential purposes. 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 in 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 is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 6:00 p.m., Thursday, March 30, 2006, in the City of Farmersville, City Council Chambers, 205 South Main Street, Farmersville.

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 29, 2006, to Kristy Mauricio, 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 March 30, 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 Charles J. Rike Memorial Library, 203 Orange Street, Farmersville, Texas 75422, (972) 782-6681. 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 John Flores, TCEQ Community Relations, at (800) 633-9363.

TRD-200600762

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 14, 2006



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