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AGENCY Texas Commission on Environmental Quality
ISSUE 05/14/2004
ACTION Miscellaneous

Notice of Public Meeting on June 17, 2004, Concerning the Crim-Hammett Proposed 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 Crim-Hammett proposed 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 is also being published in the Henderson Daily News on May 14, 2004.

The site was proposed for listing on the state Superfund registry in the July 21, 2000 issue of the Texas Register (25 TexReg 7039-7040). The site, including all land, structures, appurtenances, and other improvements, is located at 801 Highway 64, Henderson, Rusk County, Texas. 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.

The site was used as a truck, tractor, and automobile dealership from 1947 - 1961. From 1961 - 1986, the site was the location of an International Harvester franchise. Based on analytical results, gathered during the remedial investigation at the site, chemicals of concern were predominantly limited to battery chip material located in the soils of the site. Lead was detected at high concentrations, exceeding Texas Risk Reduction Program Tier 1 commercial/industrial protective concentration levels (PCL). Antimony, arsenic, cadmium, and mercury were also detected above Tier 1 commercial/industrial PCLs in the samples collected from the battery chip material. A removal action was performed at the site during the summer of 2003. Approximately 2,500 cubic yards of material were excavated from the site. This material was treated to comply with the requirements for Class 2 non-hazardous waste and transported to the Pinehill Landfill in Kilgore, Texas. Clean soil was brought in and graded to conform to original site conditions. The soil was then seeded to prevent erosion.

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 Texas Administrative Code §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 June 17, 2004, at the Henderson City Hall Council Chambers, 400 West Main Street, Henderson, Texas. This public meeting was originally scheduled for April 22, 2004. A notice of postponement was published in the April 15, 2004 issue of the Texas Register and in the Henderson Daily News.

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., June 17, 2004, and should be sent in writing to Ms. Kristian Mauricio, Project Manager, TCEQ, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 17, 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 Rusk County Library, 106 East Main Street, Henderson, Texas, (903) 657-8557.

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, Records Customer Service, 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.

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 contact Bruce McAnally, TCEQ Community Relations, at (800) 633-9363.

TRD-200402911

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 30, 2004



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