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AGENCY Texas Commission on Environmental Quality
ISSUE 12/05/2003
ACTION Miscellaneous

Notice of Meeting

Notice of meeting on January 15, 2004, in Jacksonville, Texas concerning the Poly-Cycle--Jacksonville Facility.

The purpose of the meeting is to obtain public input and information concerning proposal of the facility to the state registry of Superfund sites and proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that 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 most recent registry listing of these facilities was published in the September 19, 2003 issue of the Texas Register (28 TexReg 8175).

In accordance with the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission hereby gives notice of a facility that the executive director determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program (30 TAC §350.53).

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published on December 5, 2003, in the Jacksonville Progress.

The facility proposed for listing is the Poly-Cycle--Jacksonville site, located at 2405 South Jackson Street in Jacksonville, Cherokee County, Texas. The geographic coordinates of the site are 31 degrees 56 minutes 8 seconds north latitude and 95 degrees 14 minutes 54 seconds west longitude. The seven acre site is bordered by State Highway 69 to the east and Loop 456 to the south. Jackson High School is to the west and commercial and residential areas are to the north. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

Poly-Cycle operated a lead battery recycling operation from 1978 to 1983. The facility operated under the name Rocky Point International, then changed the name to Poly-Cycle Industries, with no change in operators. The facility recycled lead from lead acid batteries and casings. Sulfuric acid was drained from the batteries and the lead plates were removed. The sulfuric acid was sent to a hazardous waste disposal firm in Dallas, Texas. The lead plates were sold to a lead smelter. The battery casings were ground and washed to remove the lead and lead sulfate. Four unlined surface impoundments were used to separate the plastic and rubber chips which were sold to plastic recyclers. The lead and lead sulfate sediments on the bottom of the impoundments were sold to a lead smelter.

In 1983, the Texas Department of Health (TDH) found levels of lead exceeding 100,000 milligrams per kilogram (mg/kg) in the soil. Poly-Cycle Industries removed contaminated soil from the Jacksonville site and sent it to the Poly-Cycle's Tecula location. The TDH conducted post removal sampling and accepted closure of the Jacksonville site based on the levels of lead concentrations being generally less than 1,000 mg/kg. Poly-Cycle Industries sold the site to Texas Farm Products, Inc. (TFPI). TFPI removed all the remaining Poly-Cycle structures and built Lone Star Feed Store.

The United States Environmental Protection Agency conducted a site screening investigation (SSI) in March 1991. On-site lead concentrations were generally between 100 - 400 mg/kg, except for two sampling locations. One sample had a lead concentration of 3,780 mg/kg and the other 43,500 mg/kg. On February 24, 2000, the TCEQ conducted a soil sampling event. Soil sample analytical data revealed lead concentration ranging from 3,100 mg/kg to 4,800 mg/kg. Battery chips were also observed around the ditches.

A public meeting will be held on January 15, 2004, at 7:00 p.m. at the Jacksonville Public Library Auditorium, 502 South Jackson Street in Jacksonville, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility that is the subject of this notice is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

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., January 15, 2004, and should be sent in writing to Subhash C. Pal, P.E., Texas Commission on Environmental Quality, Superfund Cleanup Section, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for proposal of the facility to the state Superfund registry and the proposal of non-residential land use will end at the close of the public meeting of January 15, 2004.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Jacksonville Public Library, 502 South Jackson Street in Jacksonville, Texas, (903) 586-7664, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program on the commission's Web site located at www.tnrcc.state.tx.us/permitting/remed/superfund/index.html.

For further information about this site or the public meeting, call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141.

TRD-200308126

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 25, 2003



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