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AGENCY Texas Commission on Environmental Quality
ISSUE 07/12/2002
ACTION Miscellaneous

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

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this public notice of intent to take no further action at the Stoller Chemical Company State Superfund site (the site) and to delete the site from its proposed-for-listing status on the state registry. The state registry is 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 ED 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 thePlainview Daily Herald on July 12, 2002.

The site was proposed for listing on the state registry in the July 14, 2000 edition of the Texas Register (25 Tex Reg 6851). The site, including all land, structures, appurtenances, and other improvements is located at 5200 North Columbia Street, Plainview, Hale County, Texas. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The Stoller Chemical facility has been inactive since March 1992 when it filed for Chapter 7 bankruptcy. The facility formerly mixed micro-nutrients for agricultural production. The facility was also illegally used as a container storage area. The facility covers approximately 4.99 acres and includes a warehouse and a fenced storage area and an abandoned cattle trailer that contained leaking drums of hazardous waste. The warehouse includes a former process area equipped with a channel sump system.

In April 1993, the Texas Water Commission (predecessor agency to the TNRCC) inspected and sampled the site. The sample results indicated the site was contaminated with heavy metals and 4,4'-DDE.

On October 24, 1995, TNRCC and United States Environmental Protection Agency (EPA) personnel conducted a preliminary assessment at the site. This assessment identified wastes both inside and outside the warehouse. Inside the warehouse were 11 55-gallon drums and various five-gallon containers of unknown materials, four pallets of liquid sodium sulfate fertilizer, six pallets of Pelham phosphate, six pallets of liquid sulfur, fertilizer, and kickoff seed treatment. Outside the warehouse in a fenced area were seven 5,500 - 6,000-gallon storage tanks, and approximately 15 55-gallon drums and numerous five-gallon containers. A cattle trailer containing 25 drums of hazardous and unknown wastes, with a drip pan placed underneath, was documented on the site.

Between January 6 and 9, 1998, the TNRCC removed 25 drums from the cattle trailer. After the removal action, some drums and storage containers of hazardous wastes remained at the Stoller site pending further investigation and remedial activities.

Remedial Investigation (RI) activities commenced in July 2000. During the period from May 2001 to May 2002, surface and subsurface soils were sampled and analyzed for volatile organic compounds, semi-volatile organic compounds, metals, pesticides, and herbicides. The analytical results indicated that no surface or subsurface soils exceeded the commercial/industrial cleanup levels. The groundwater near the Stoller Site was also sampled for these same constituents. The analytical results indicated that no constituents were detected at levels that exceeded the established groundwater cleanup levels.

Additional removal activities during this same time frame consisted of removal and off-site disposal of 35 55-gallon drums, approximately 40 5-gallon containers, and six aboveground storage tanks. Removal also included decontamination of the warehouse building floor and the floor sump.

In July 2002, the commission approved a technical memorandum which described the RI and removal activities. The technical memorandum concluded that no further investigation activities were necessary at the site.

The TNRCC has concluded that all waste removal activities have been accomplished. The surface and subsurface soils on site do not exceed the commercial/industrial soil cleanup criteria established under 30 Texas Administrative Code (TAC) §350.79 (Texas Risk Reduction Program Protective Cleanup Level (TRRP) Tier II) and do not pose any unacceptable risk. The groundwater on site does not exceed the groundwater cleanup criteria established by 30 TAC §350.79 (TRRP Tier I) and does not pose any unacceptable risk.

As a result of the removal actions that have been performed at the site, the ED determined that the Stoller Chemical Company State Superfund site no longer presents an imminent and substantial endangerment to public health and safety and the environment. The removal activities consisted of transportation and off-site disposal of 35 55-gallon drums, approximately 40 5-gallon containers, and six aboveground storage tanks. The contents included 25 cubic yards of Class 1 waste, 50 cubic yards of Class 2 waste, 32 cubic yards of solid hazardous waste, and 662 gallons of liquid hazardous waste. Therefore, no further action is necessary at the site and the site is eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

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 August 15, 2002, in Plainview City Council Chambers, City Hall, 901 Broadway in Plainview.

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., August 15, 2002, and should be sent in writing to Mr. Alvie L. Nichols, Project Manager, Remediation Division, TNRCC 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 on August 15, 2002.

A portion of the record for this site, including documents pertinent to the proposed deletion of the site is available for review during regular business hours at the Unger Memorial Library, 825 North Austin Street, Plainview, Texas 79072-7235, telephone number (806) 296-1148. 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 numbers 1 (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 or the site, please call Mr. Bruce McAnally, TNRCC Community Relations, at 1 (800) 633-9363.


Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

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