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AGENCY Texas Commission on Environmental Quality
ISSUE 04/30/2010
ACTION Miscellaneous

Notice of Deletion of the Force Road Oil and Vacuum Truck Company Site from its Proposed for Listing Status on the State Superfund Registry

The executive director of the Texas Commission on Environmental Quality (TCEQ) is issuing this notice of deletion of the Force Road Oil and Vacuum Truck Company site (the Site) from its proposed-for-listing status on the state Superfund registry. The state Superfund 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 is being deleted from the state Superfund registry because it will be addressed under the TCEQ's Voluntary Cleanup Program.

The Site was originally proposed for listing on the state Superfund registry in the October 13, 2000, issue of the Texas Register (25 TexReg 10413). The Site, including all land, structures, appurtenances, and other improvements, is approximately 28-acres located northwest of the City of Iowa Colony, at 1722 County Road 573 (Alloy Road), Brazoria County, Texas. 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 Site consists of two tracts of land divided by a road at the end of County Road 573. The north tract consists of 16-acres of undeveloped land. The remaining 12-acre tract of land, south of the road, was a wastewater disposal and oil recovery facility from 1971 to 1983. Operations primarily involved the use of five shallow ponds to separate oil from wastewater brought to the Site from industrial plants and service stations. Following separation, the oil was stored in three aboveground storage tanks. Three underground storage tanks at the Site were used to store various wastes.

In August 2002, the TCEQ issued an order to a Respondent Group, of Potentially Responsible Parties (PRPs) who agreed to investigate and evaluate different ways to remediate the contamination associated with the Site.

From 2003 to 2007, the Respondent PRPs conducted site investigation activities to identify the contaminants and to define the extent of the contaminants in environmental media as required by the Texas Risk Reduction Program rule.

In July 2008, the TCEQ approved the final assessment report and directed the Respondent PRPs to submit a plan which evaluates different ways to remediate the Site.

In October 2008 and March 2009, the Respondent PRPs submitted an initial and a revised remediation plan. The remediation plan included a study of four remedial alternatives to address the Site contamination. One remedial alternative was determined to be the lowest cost, technically feasible and reliable, and protective of public health and the environment, as required by 30 TAC §335.348(l).

In April 2009, the TCEQ determined the Respondent PRPs had satisfied all the terms of the agreed order.

In May 2009, the TCEQ received an application to the Voluntary Cleanup Program from the Force Road Oil and Vacuum Truck Company Task Force. In July 2009, the TCEQ accepted the Site into the Voluntary Cleanup Program.

In accordance with 30 TAC §335.344(b), the TCEQ held a public meeting on January 21, 2010, at the Iowa Colony City Hall, located at 12003 County Road 65, Brazoria County, Texas, to receive comments on the intended deletion of the Site. The TCEQ has prepared a responsiveness summary, which responds to comments received into the record at the public meeting. The complete public file, including the transcript of the meeting and the responsiveness summary, may be viewed during regular business hours at the TCEQ's Central File Room, Building E, Room 103, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2900. Fees are charged for photocopying file information.

Because the Site has been accepted into the TCEQ Voluntary Cleanup Program, it may now be deleted from the state registry as provided by Texas Health and Safety Code, §361.189(a) and 30 TAC §335.344(c).

In accordance with Texas Health and Safety Code, §361.188(d) a notice will be filed in the real property records of Brazoria County, Texas stating the Site has been deleted from the state registry.

All inquiries regarding the deletion of the Site should be directed to Ms. Crystal Taylor, Community Relations Liaison, at (800) 633-9363.

TRD-201001935

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 20, 2010



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