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AGENCY Texas Commission on Environmental Quality
ISSUE 04/01/2005
ACTION Miscellaneous

Notice of Meeting on May 12, 2005, in Brady, Texas Concerning the Bailey Metal Processors, Inc. 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, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (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 March 26, 2004 issue of the Texas Register (29 TexReg 3278).

In accordance with the Act, §361.184(a), the TCEQ 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 TCEQ hereby gives notice that the TCEQ has determined that Bailey Metal Processors, Inc. (Bailey Metals) is eligible for listing, and the TCEQ proposes to list Bailey Metals on the state registry. Additionally, the TCEQ gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified in this notice. The TCEQ is proposing 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 TCEQ. This notice of intent to list this facility will also be published on April 5, 2005 in the Brady Standard-Herald.

The facility proposed for listing is Bailey Metals located in Brady, McCulloch County, Texas. The geographic coordinates of the site are Latitude: 31 degrees 08 minutes 21.15 seconds North Longitude: 99 degrees 20 minutes 51.75 seconds West. 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.

Section 361.184(a) requires that the notice specify the general nature of the potential endangerment to public health and safety or the environment as determined by information available to the executive director at that time.

The Bailey Metal Site (the Site) is a five acre site located on Highway 87, one mile northwest of Brady, Texas. The Site was operated as a scrap metal dealer, primarily conducting copper and lead reclamation operations. Paper, plastic and lead coatings were removed from wires to reclaim the metals.

Two furnaces at the Site were used to burn plastic wire insulation. There are documented releases of ash and metallic residues to the soil. Analytical results for soil samples collected from around the furnaces indicate the soil contains elevated levels of lead at 67,400 parts per million (ppm), 74,900 ppm, and 122,000 ppm with a leachable concentration of 517 ppm. In addition, plastic chips (wire cutting wastes) and incinerator ash are stockpiled onsite.

The land use in the vicinity of the Site includes residential, agricultural and municipal. The Site is bordered to the south by a railroad, bordered to the north by the Brady Independent School District Bus Barn and two mobile homes. Access to the Site is unrestricted.

A public meeting will be held May 12, 2005, at 7:00 p.m. at the Council Chambers of Brady City Hall, located at 101 East Main Street in Brady, 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 Site 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., May 12, 2005, and should be sent in writing to Barry Lands, Project Manager, Texas Commission Environmental Quality, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on May 12, 2005.

A portion of the record for this site, including documents pertinent to the TCEQ determination of eligibility, is available for review at the Richards Memorial Library, 1106 South Blackburn Street, Brady, Texas 76825, (325) 597-2617, during regular business hours.

Copies of the complete public record file may be obtained during regular business hours at the TCEQ'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. 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 TCEQ's Web site located at www.tnrcc.state.tx.us/permitting/remed/superfund/index.html.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the TCEQ 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 Crystal Taylor, TCEQ Community Relations, at (800) 633-9363, extension 3844.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 22, 2005

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