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AGENCY Texas Commission on Environmental Quality
ISSUE 05/25/2001
ACTION Miscellaneous

Public Notice

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) is issuing a public Notice of Intent to Delete (delist) the Thompson Hayward Chemical Company Proposed State Superfund Site (the Site) from the State Registry, 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. TNRCC is proposing this delisting because the Site has been accepted into the Voluntary Cleanup Program.

The Site, including all land, structures, appurtenances, and other improvements, is approximately 4.74 acres, located at U.S. Route 277 South, in Munday, Knox County, Texas. The Site also includes any areas where hazardous substance(s) have come to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the Site.

From the mid-1950s through the 1960s, the Site was used as a small-scale pesticide formulation and distribution facility. Structures on the site include metal, brick and wood buildings, three pesticide mixing pits, concrete foundations and a railroad spur. Commercial operations began in 1957 with the formulation and distribution of pesticides. Dry pesticide formulations and blending of liquid pesticides were accomplished in separate pits inside the metal and brick buildings, respectively. Arsenic and organochlorine pesticides have been found at the site.

The Site has been accepted into the TNRCC Voluntary Cleanup Program and is, therefore, eligible for deletion from the State Registry as provided by 30 TAC §335.344(c).

T H Agriculture & Nutrition, L.L.C. (THAN) conducted a Remedial Investigation and prepared a Response Action Plan (RAP) under an Agreed Administrative Order with the TNRCC. Response Actions were developed for soil, debris, and shallow groundwater. THAN plans to remediate the Site under the Texas Risk Reduction Program (TRRP) Remedy Standard B based on a commercial/industrial land use designation.

The Response Action described in the RAP consists of excavation and disposal of all soils contaminated with arsenic and organochlorine pesticides at concentration exceeding the TRRP Protective Concentration Limits established for the site. Miscellaneous debris will also be excavated and disposed at an appropriate permitted offsite permitted facility. The RAP describes how a deed notice will be filed with the real property records of Knox County to the effect that the site be restricted to commercial/industrial uses. The RAP also includes groundwater monitoring and restrictions on the use of the shallow groundwater. The Response Action described in the RAP will be conducted under the TNRCC Voluntary Cleanup Program.

As per 30 TAC §335.344(b), the TNRCC will hold a public meeting to receive comment on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held at 10:00 a.m. on Tuesday, June 26, 2001, at the TNRCC offices, 12100 Park 35 Circle, Building C, Room 131E, and will consist of two parts: an informal discussion period and a formal comment period.

All persons desiring to make comments regarding the proposed deletion of the Site 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., June 26, 2001 and should be sent to Jeffrey E. Patterson, TNRCC, Superfund Cleanup Section, Remediation Division, MC-143, P. O. Box 13087, Austin, TX 78711-3087. For further information, please contact Mr. Patterson at (800) 633-9363 or (512) 239-2489.

A portion of the record for the Site, including documents pertinent to the executive director's proposed delisting, are available for review during regular business hours at the City-County Library, 121 East B Street, Munday, Texas 76371, (940) 422-4877. The complete public file may be obtained during regular business hours at TNRCC's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Persons with disabilities 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) 239-2463. Requests should be made as far in advance as possible.

TRD-200102700

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2001



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