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AGENCY Texas Commission on Environmental Quality
ISSUE 12/19/2003
ACTION Miscellaneous

Notice of Public Meeting on January 22, 2004, Concerning the Lyon Property State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the site and to delete the site from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the Lyon Property State Superfund Site (the Site) and to delete the Site from its proposed-for-listing status on the state Superfund 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 due to removal actions that have been performed, the Site no longer presents such an endangerment. This combined notice was also published in the Junction Eagle on December 17, 2003.

The Site was proposed for listing on the state Superfund registry in the July 5, 2002 issue of the Texas Register (27 TexReg 6126). The Site, including all land, structures, appurtenances, and other improvements, is located on U.S. 385, approximately one mile north of the intersection of Farm Road 1871 and U.S. 385 near London, in Kimble County, Texas. The property covers about six acres in an area adjacent to the Llano River. 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.

A small wire burning operation was conducted at the Site for metal recovery. The burn site encompassed an area approximately 75 feet by 60 feet. There are residences to the north, south, and east of the property, with the Llano River on the west. The Texas Natural Resource Conservation Commission, predecessor agency of the TCEQ, first investigated the Site in 1996 after receiving a complaint about burning. Sampling of soils at the burn site indicated elevated concentrations of cadmium, lead, and total petroleum hydrocarbons.

In August 2003, the TCEQ removed approximately 360 cubic yards of contaminated soil from the Site. As a result of the removal actions that have been performed at the Site, the ED has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, no further action is necessary at the Site and the Site is eligible for deletion from the state registry of Superfund sites 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 Thursday, January 22, 2004, at the Kimble County Library, Meeting Room, 208 North 10th Street, Junction, Texas.

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 22, 2004, and should be sent in writing to Carol Dye, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on January 22, 2004.

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 Kimble County Library, 208 North 10th Street, Junction, Texas, (325) 446-2342. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (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.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible. For further information regarding this meeting, please call Barbara Daywood, TCEQ Community Relations Coordinator, at (800) 633-9363.

TRD-200308448

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 9, 2003



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