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AGENCY Texas Commission on Environmental Quality
ISSUE 02/20/2004
ACTION Miscellaneous

Notice of Deletion of Lyon Property Proposed State Superfund Site from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Lyon Property State Superfund Site (the site) from its proposed-for-listing status on the state Superfund registry. The state Superfund 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 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 accordance with 30 TAC §335.344(b), the commission held a public meeting on Thursday, January 22, 2004, at the Kimble County Library, Meeting Room, 208 North 10th Street, Junction, Texas, to receive comments on the intended deletion of the site. 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, Records Customer Service, Building E, First Floor, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In August 2003, the TCEQ removed approximately 360 cubic yards of contaminated soil from the site. In accordance with 30 TAC §335.344(c), the ED has determined that due to the removal actions that the TCEQ performed at the site, the site no longer presents an imminent and substantial endangerment to public health and safety or the environment. The site is appropriate for residential use according to the Texas Risk Reduction Program.

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

All inquiries regarding the deletion of the site should be directed to Ms. Barbara Daywood, TCEQ Community Relations, (800) 633-9363 or (512)239-2463.

TRD-200400914

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2004



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