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AGENCY Texas Commission on Environmental Quality
ISSUE 02/27/2004
ACTION Miscellaneous

Notice of Meeting on March 30, 2004 in San Antonio, Texas Concerning the Proposed Remedy for the J.C. Pennco Waste Oil Service State Superfund Site

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed selection of remedy for the J. C. Pennco Waste Oil Service proposed state Superfund site (the Site). In accordance with 30 TAC §335.349(a) concerning General Requirements for Remedial Activities, and Texas Health and Safety Code (THSC), §361.187, Proposed Remedial Action, a public meeting regarding the commission's selection of a proposed remedy for the Site shall be held. The statute requires that the commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the San Antonio Express News on February 27, 2004.

The public meeting is scheduled for March 30, 2004 at 7:00 P.M. at Salado Intermediate School Cafetorium, 3602 South W. W. White Road, San Antonio, Bexar County, Texas. The public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001.

The Site, was proposed for listing on the state superfund registry in the August 26, 1997 issue of the Texas Register (22 TexReg 8570). The Site is located at 4927 Higdon Road, southeast of San Antonio, outside the city limits, in Bexar County, Texas. The Site consists of a rectangular piece of land occupying approximately five acres. The Site is bordered by Higdon Road to the south, farm land to the north, and residential property and light industry to the east and west.

The Site was in operation from 1984 until April 1992. During this time, the Site received an unknown quantity of drums with used chemicals including motor oil, antifreeze, and solvents. Reportedly, most of the oil and other chemicals were sold for recycling. The drums were sold for use as livestock feeders, trash receptacles, and barbeque pits. Contamination resulted from spills and discharges from the oil storage tanks and barrel cleaning activities. A TCEQ investigation in 1991 discovered similar solvents in a nearby residential well. In May 1992, the owner of the Site filed for bankruptcy protection and the Site was abandoned. The commission installed a fence at the Site in 1994. In 1995 and 1996, the EPA removed approximately 4,000 drums, 120 cubic yards of soil and debris, 31,500 gallons of liquid wastes, and 23 tanks from the Site. In November 1996, the EPA referred the Site to the state for further remedial action.

The remedial investigation at the Site was completed in October 2003. A pre-feasibility study technical memorandum for soil was completed in August 2003, and concluded that no additional remedial actions related to the soil were required at the Site. The presumptive remedy document for groundwater, completed in January 2004, presented a summary of the specific risks identified in the groundwater at the Site and evaluation of potential remedial alternatives.

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. March 29, 2004 and should be sent in writing to Carol Boucher, 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 March 30, 2004.

A portion of the record for this Site, including documents pertinent to the proposed remedy, is available for review during regular business hours at the San Antonio Public Library, McCreless Branch, 1023 Ada Street. 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.

Information is also available regarding the state Superfund program at http://www.tnrcc.state.tx.us./permitting/remed/superfund.

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 about this site or the public meeting, please call John Flores, TCEQ Community Relations, at (800) 633-9363, extension 5674.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 17, 2004

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