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AGENCY Texas Commission on Environmental Quality
ISSUE 12/15/2006
ACTION Miscellaneous

Notice of Public Meeting

Notice of public meeting on January 25, 2007, concerning the Polycycle Industries state Superfund site in Jacksonville, Cherokee County, Texas. 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 Polycycle Industries (PCI) state Superfund site (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 the site no longer presents such an endangerment. This combined notice was also published in the Jacksonville Daily Progress on December 15, 2006.

The site was proposed for listing on the state Superfund registry in the December 5, 2003, issue of the Texas Register (28 TexReg 11012). The site, including all land, structures, appurtenances, and other improvements, is located at 2055 South Jackson Street, Jacksonville, Cherokee 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.

PCI operated a lead battery recycling facility at the Jacksonville, Texas site from 1978 to 1983. In 1983, the Texas Department of Health (TDH) found lead concentrations in soil over 100,000 milligram per kilogram (mg/kg) and issued a compliance order requiring PCI to remove all soil with lead concentrations greater than 1,000 mg/kg. After PCI removed and transported contaminated soil from the site, the TDH conducted a post-removal sampling in 1984 and accepted clean closure of the site, based on the lead concentration in the soil. PCI then sold the site to Texas Farm Products, Inc. (TFPI). TFPI removed all remaining PCI structures and built the Lone Star Feed Store. In 1999, TFPI sold 1.86 acres to Dement Chiropractic Fitness Center, which built an outdoor swimming pool and a volleyball court north of the feed store.

In March 1991, the Field Investigation Team (FIT) of the United States Environmental Protection Agency (EPA), Region VI, conducted a Site Screening Investigation (SSI) at the site to verify the effectiveness of the removal action performed by PCI. On site lead concentrations were between 100 - 400 mg/kg, except for two samples. One sample had a lead concentration of 3,780 mg/kg and the other had 43,500 mg/kg.

In February 2000, the analytical results from the soil samples collected by the TCEQ showed the lead concentrations ranging from 3,100 to 4,800 mg/kg. Battery casing chips were visible in the roadside ditch in front of the feed store. A Hazard Ranking Survey (HRS) was conducted and an HRS score of 6.09 was assigned to the site. At a public meeting conducted on January 15, 2004, at the Jacksonville Public Library, the TCEQ proposed to clean up the site to a commercial/industrial level and the site was proposed to the State Superfund Registry under Texas Health and Safety Code (THSC), Chapter 361, Subchapter F.

The TCEQ conducted a Remedial Investigation (RI), during which soil and groundwater samples were analyzed. Soil lead concentrations were found to be above the health-based Protective Concentration Level (PCL) at two locations north of the feed store and one location northeast of Dement Chiropractic Fitness center. Nine monitor wells were installed around the site from which groundwater samples were collected and analyzed several times. The groundwater samples from only one monitor well, MW-3, located to the west of the feed store near the ditch (location of a former railroad track) contained beryllium concentrations above the PCL of 0.004 milligram per liter. Two additional monitor wells, MW-10 and MW-11, were installed at the locations of former unlined impoundments. Soil samples collected during the installation of monitor wells MW-10 and MW-11 had beryllium concentrations less than the PCL. The groundwater samples collected from MW-10 and MW-11 also had beryllium concentrations less than the PCL.

To prevent migration of the contaminants, especially the beryllium in groundwater, the TCEQ determined that a removal action was appropriate at the site. A Removal Action Work Plan was prepared. In accordance with the Work Plan the TCEQ removed the lead-contaminated soil that was above PCLs from the two locations north of the feed store and the one location northeast of Dement Chiropractic Fitness Center. Additionally, the contaminated soil surrounding monitor well MW-3 was also excavated and removed from the site. The excavated soil was analyzed for waste classification and was disposed of at appropriate off-site facilities. The excavated areas were sampled to confirm the removal of contamination and were backfilled with clean soil.

As a result of the removal actions and confirmation sampling 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 is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on January 25, 2007, at the Jacksonville Public Library Conference Room, located at 502 South Jackson Street, Jacksonville, Texas 75766.

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. on January 24, 2007, and should be sent in writing to Mr. Subhash C. Pal, P.E., Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile (512) 239-2450. The public comment period for this action will end at the close of the public meeting on January 25, 2007.

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 Jacksonville Public Library, 502 South Jackson Street, Jacksonville, Texas, telephone (903) 586-7664. 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, 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 telephone Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141.

TRD-200606495

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 5, 2006



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