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

Notice of Deletion of Texas American Oil State Superfund Site from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Texas American Oil State Superfund Site (the Site) from the state registry, the list of state Superfund sites. The state registry lists the contaminated 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 Site was originally proposed for listing on the state registry in the January 22, 1988, edition of the Texas Register (13 TexReg 427). The Site, including all land, structures, appurtenances, and other improvements, is approximately eight acres located in Midlothian, Ellis County, Texas. The 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. In addition, the Site includes 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 eight-acre Site 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 system scoring, the contaminants of concern included chloroform, lead, and polychlorinated biphenyl.

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 revegetation of all disturbed areas of the Site.

The Site is appropriate for residential use according to Texas Risk Reduction Standards, 30 TAC Chapter 335, Subchapter S. The property owner has been notified that the Site is enclosed by a fence and the gate is locked.

In accordance with 30 TAC §335.344(b), the commission held a public meeting on January 19, 2006, in council chambers of Midlothian City Hall, to receive comments on the intended deletion of the Site from the state registry. No comments regarding the proposed deletion were received at the public meeting. 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, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, MC 199, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Pursuant to 30 TAC §335.344(c), the ED has determined that, due to the remedial actions that have been performed, the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Ellis 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 Bruce McAnally, Community Relations, telephone number (800) 633-9363, extension 2141.


Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 21, 2006

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