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AGENCY Texas Commission on Environmental Quality
ISSUE 08/10/2001
ACTION Miscellaneous

Final Notice of Deletion - Thompson Hayward Chemical Company

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a notice of deletion (delisting) of the Thompson Hayward Chemical Company (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 commission is delisting the Site because the site has been accepted into the TNRCC Voluntary Cleanup Program.

The Site was originally proposed for listing on the State Registry on September 25, 1990. 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. In addition, the Site includes any areas where hazardous substance(s) came 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 buildings. Arsenic and organochlorine pesticides have been found at the site.

The Site has been accepted into the TNRCC Voluntary Cleanup Program and therefore is 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 commission. 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 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.

After the response action described in the RAP is completed, conditions at the site will be appropriate for commercial/industrial uses, but will not be appropriate for residential uses. In accordance with Texas Health and Safety Code (THSC), §361.188(d), a notice will be filed in the real property records of Knox County, Texas stating that the Site has been deleted from the State Registry.

In accordance with §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the Site on May 25, 2001, at 10:00 a.m., located at Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building C, Room 131E, Austin, Texas. There were no comments 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, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Because the Site has been accepted into the TNRCC Voluntary Cleanup Program, it may now be delisted from the State Registry as provided by THSC, §361.189(a) and 30 TAC §335.344(c).

All inquiries regarding the deletion of the Site should be directed to Mr. Jeffrey E. Patterson, Project Manager, Remediation Division, telephone numbers (800) 633-9363 or (512) 239-2489.

TRD-200104319

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 26, 2001



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