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AGENCY Texas Commission on Environmental Quality
ISSUE 11/08/2002
ACTION Miscellaneous

Notice of Deletion of the Stoller Chemical State Superfund Site from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission), formerly the Texas Natural Resource Conservation Commission (TNRCC), is issuing this notice of deletion of the Stoller Chemical Company State Superfund site (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 Site was originally proposed for listing on the state registry in the July 14, 2000 issue of the Texas Register (25 TexReg 6851). The approximately 5.0 acre site, including all land, structures, appurtenances, and other improvements, is located at 5200 North Columbia Street, Plainview, Hale County, Texas. There were no off-site releases detected.

The Stoller Chemical facility has been inactive since March 1992 when the company filed for Chapter 7 bankruptcy. The facility was formerly used to mix micro-nutrients for agricultural production. The facility was also illegally used as a container storage area. The facility included a warehouse, a fenced storage area, and an abandoned cattle trailer that contained leaking drums of hazardous waste.

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

On October 24, 1995, the TNRCC and the United States Environmental Protection Agency (EPA) personnel conducted a preliminary assessment at the Site. 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, was also on the Site.

Between January 6 and 9, 1998, the TNRCC removed 25 drums from the cattle trailer. Remedial Investigation (RI) activities commenced in July 2000. 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 clean-up 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 clean-up levels. Removal activities during this same time frame consisted of 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 TCEQ has concluded that all waste removal activities have been accomplished. The surface and subsurface soils on-site do not exceed the commercial/industrial soil clean-up criteria established under the 30 Texas Administrative Code (TAC) §350.79, (Texas Risk Reduction Program Protective Clean-up Level (TRRP) Tier II) and do not pose any unacceptable risk. The on-site groundwater does not exceed the groundwater clean-up criteria established by §350.79 (TRRP Tier I) and does not pose any unacceptable risk.

The Site is not appropriate for residential use according to the protective concentration levels established in the Texas Risk Reduction Program.

The TNRCC installed a fence prior to the RI activities to restrict public access to the Site. The fence will remain on the Site and, along with the rest of the Site, will become the responsibility of the bankruptcy trustee.

In accordance with 30 TAC §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the Site on October 1, 2002 at Plainview City Hall, Plainview, Texas. Comments which were received into the record were addressed at the public meeting by the commission. 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 E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with §335.344(c), the ED has determined that due to the removal actions that have been performed, the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment.

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

All inquiries regarding the deletion of the Site should be directed to Mr. Bruce McAnally, TCEQ Community Relations Coordinator, telephone numbers (800) 633-9363 or (512) 239-2141.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 29, 2002

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