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AGENCY Texas Commission on Environmental Quality
ISSUE 01/18/2002
ACTION Miscellaneous

Notice of Intent to Take No Further Action at the Permian Chemical Company State Superfund Site and to Delete the Site from the State Registry

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this public notice of intent to take no further action at the Permian Chemical Company State Superfund Site (the Site) and to delete the Site from its proposed-for-listing status on 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. The commission is proposing this deletion because the executive director has determined that the Site no longer presents such an endangerment due to the removal actions that have been performed at the Site. This combined notice was also published in the Odessa American on January 18, 2002.

The Site was proposed for listing on the State Registry of Superfund sites in the July 16, 1993, edition of the Texas Register (18 Tex Reg 4709). The Site, including all land, structures, appurtenances, and other improvements, is approximately 30 acres in size, and is located at 325 Pronto Avenue, Ector County, Texas, approximately 3 miles east of downtown Odessa.

Dorchem, Inc. began operations at the site in 1977, operating as a chemical plant and manufacturing hydrochloric acid (HCl) as the primary product and potassium sulfate (K2 SO 4 ) as a byproduct. Raw materials used in the production of HCl included sulfuric acid (H2 SO4 ) and potassium chloride (KCl). Permian Chemical Company (PCC) acquired the facility in 1981 and continued the Dorchem operations. Following several years of enforcement activities by the Texas Department of Water Resources, the Texas Water Commission, and the Texas Air Control Board (predecessor agencies to the TNRCC), PCC shut down operations in 1987.

Prior to abandoning the Site, and in response to the agencies' enforcement actions, PCC conducted groundwater monitoring of the shallow groundwater at the Site, and cleaned up a HCl spill in 1981. Following abandonment of the facility in 1987, the Site was evaluated for inclusion in the Texas state Superfund program. In August 1992, the commission completed the Hazard Ranking System (HRS) package. The Site received a HRS score of 10.12, which made the Site eligible for proposal to the State Registry of Superfund sites.

The Remedial Investigation/Feasibility Study (RI/FS) was initiated at the Site in 1996. As a part of the Phase I RI, a hydrogeological investigation was performed. This investigation included the installation of replacement and additional groundwater monitor wells. The monitor wells were sampled and analyzed for potassium (K), sulfate (SO4 -2 ), chloride (Cl- ), total dissolved solids (TDS), Resource Conservation and Recovery Act (RCRA) metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver), and volatile organic compounds (VOCs). A complete discussion of this phase of the investigation can be found in the Phase I Hydrogeological Investigation, Permian Chemical Company Proposed State Superfund Site, October 22, 1996.

Due to the deteriorated condition of the overhead process structures, a removal action was initiated at the Site in September 1996. This removal was conducted for safety reasons and to make soil sampling in the immediate vicinity of the process area possible. A complete discussion of these removal activities at the Site can be found in the Removal Action Report, Permian Chemical Company Proposed State Superfund Site, January 1997.

Following the Site demolition activities, the Phase I RI was completed. The field activities associated with the first phase of the RI at the Site were initiated in October 1995, and included the sampling and analysis of surface soils, North Pond surface water, sediments and groundwater. The analytes for soil and sediments included pH, sodium (Na), K, SO 4 -2 , Cl- , RCRA metals, VOCs and total petroleum hydrocarbons (TPH). Based on the initial sample results, all monitor wells were resampled in July 1996, and a limited monitor well sampling event occurred in January 1997. A complete discussion of the Phase I RI can be found in Phase I Remedial Investigation Report, Permian Chemical Company Proposed State Superfund Site, August 1997.

A second phase of the RI at the Site was conducted in October/November 1999. The purpose of this second phase was to determine if any onsite soils could be contributing to the low levels of VOCs detected in some Site monitor wells, and to plug and abandon the onsite water wells. This phase of the RI also included the installation of two additional downgradient monitor wells and a complete round of monitor well sampling. A complete discussion of this phase of the RI can be found in Phase II Remedial Investigation, Final Data Summary, Permian Chemical Company State Superfund Site, March 27, 2000.

The commission determined that both hazardous and Class I industrial solid wastes remained at the Site, so a second removal action was initiated in November 2000. This removal action included removal of all RCRA hazardous and Class I industrial solid wastes from the Site, transportation to an approved waste disposal facility, and proper disposal. A complete discussion of these removal activities at the Site can be found in the Waste Removal Action Report, Permian Chemical Company Proposed State Superfund Site, December 2001.

Following completion of these activities at the Site, a Baseline Risk Evaluation (BRE) Report was prepared. The results of the RI and site-specific exposure scenarios were used to complete the BRE. Based on the results of the BRE, the Site does not pose unacceptable excess risk to human health or the environment. A complete discussion of the risk evaluation at the Site can be found in the Baseline Risk Evaluation Report, Permian Chemical Company State Superfund Site, December 2001.

The Site is not appropriate for residential use according to state risk reduction regulations in effect as of September 2, 1999, and has been deed recorded for commercial/industrial use only.

Because of the removal actions that have been performed at the Site, the executive director has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment. Therefore, no further action is necessary at the Site and the Site is eligible for deletion from its proposed-for-listing status on the State Registry as provided by 30 TAC §335.344 (relating to Delisting and Modifications).

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 will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on Tuesday, February 26, 2002, at the Ector County Library, Rotary Room, 321 West 5th Street, 2nd Floor, Odessa, Texas and will consist of two parts: an informal discussion period and a formal comment period.

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., February 26, 2002, and should be sent in writing to Ms. Carol Boucher, Project Manager, Remediation Division, MC-143, P. O. Box 13087, Austin, TX 78711-3087. The public comment period for this action will end at the close of the public meeting of February 26, 2002.

A portion of the records for this Site including documents pertinent to the proposed deletion of the Site are available for review during regular business hours at the Ector County Library, 321 West Fifth Street, Odessa, Texas, telephone number (915) 332-0633. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, MC-199, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

For further information regarding this meeting on the Site, please call Janie Montemayor, Texas Natural Resource Conservation Commission, Community Relations, at (800) 633-9363.

TRD-200200083

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 8, 2002



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