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AGENCY Texas Commission on Environmental Quality
ISSUE 07/11/2003
ACTION Miscellaneous

Public Notice of Significant Change in the Remedial Design for the Texas American Oil State Superfund Site

In accordance with 30 TAC §335.349(b)(2), the executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a significant change in the remedial design for the Texas American Oil state Superfund site. Section 335.349(b)(2) concerns requirements for significant changes that affect the scope, performance, or cost of the proposed remedial action, after the initial public meeting to discuss the remedial action for the site. This rule requires the executive director to notify the potentially responsible parties (PRPs) by certified mail of the significant change and to issue a public notice in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. Section 335.349(b)(2) also requires this public notice to provide information regarding the significant changes in the proposed remedial action. A copy of this notice was also published on July 10, 2003, in the Midlothian Mirror.

The Texas American Oil state Superfund site is located approximately three miles north of Midlothian, Ellis County, Texas, just west of Highway 67. The site covers eight acres and the land use near the site is primarily rural. Old Highway 67 borders the eastern site boundary. The site was a former waste oil recycling facility and was contaminated with polychlorinated biphenyls (PCBs), chloroform, and lead. A public meeting was held on July 31, 2000, to receive comments on the proposed remedial action, which at the time consisted of in-situ stabilization and a containment cap. An administrative order (Docket Number 2000-1224-SPF) proposed that the remedial action consist of containment with in-situ stabilization. The remedy included excavation and transportation for off-site disposal of a small volume of soil having PCB concentrations of more than 100 mg/kg. The remedy also included installation of a cap system over the former waste pit area to minimize infiltration.

Due to unanticipated technical delays, the TCEQ is implementing a change which would affect the scope, performance, or cost of the originally proposed remedial action. The original remedy anticipated the use of in-situ stabilization and off-site disposal only of hazardous soils contaminated with PCBs. The treatability study, conducted on-site, has shown that soils contaminated with lead cannot be cost-effectively stabilized on-site to meet the treatment standards necessary to protect the existing groundwater on the site. However, these soils can be treated to meet the treatment standards necessary for off-site disposal as Class I or Class II non-hazardous waste. The change in the remedial design includes a significant volume increase in soils being disposed off-site and an elimination of the proposed cap system over the former waste pit area. Since this remedy change calls for off-site disposal, this change is as protective as that originally proposed.

For further information, please contact Mr. Alvie Nichols, Project Manager, TCEQ Remediation Division, at (512) 239-2439 or Ms. Courtney Hill, TCEQ Litigation Division, at (512) 239-2436.

TRD-200304025

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 1, 2003



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