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AGENCY Texas Commission on Environmental Quality
ISSUE 02/23/2007
ACTION Miscellaneous

Notice of Public Meeting on March 29, 2007, in Orange, Texas, Concerning the Spector Salvage Yard Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposed remedy for the 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 Spector Salvage Yard Proposed state Superfund site. In accordance with 30 TAC §335.349(a), concerning requirements for the remedial action, and Texas Health and Safety Code (THSC), §361.187, concerning the proposed remedial action, a public meeting regarding the commission's selection of a proposed remedy for the Spector Salvage Yard Proposed state Superfund 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 Orange Leader on February 23, 2007.

The public meeting is scheduled for March 29, 2007, at 7:00 p.m., in Council Chambers of the Orange Public Library, 220 North 5th Street in Orange, Texas. The public meeting is not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which a remedy is being proposed, the Spector Salvage Yard Proposed state Superfund site (the site), was proposed for listing on the state registry of Superfund sites in the July 16, 1999, edition of the Texas Register (24 TexReg 5593-5594). The site is located in the southern portion of the city of Orange, Orange County, Texas, and covers approximately four acres. It is bordered by Polk Street and the Union Pacific Railroad tracks to the north, Jackson Street and the Evergreen Cemetery to the south, a railroad right-of-way and railroad yard to the east, and the City of Orange sewage treatment plant to the west. Historic activities at the site resulted in the contamination of soil and groundwater with heavy metals, chlorinated and nonchlorinated hydrocarbons, and other chemicals of concern (COCs).

The TCEQ received a request from the City of Orange fire marshall in 1993 after a number of drums were discovered during site clearing activities by the city. The TCEQ inspected the site, and instructed the site owner, Sammie Spector, to complete a site investigation and cleanup. In 1994, Sammie Spector demonstrated financial inability to pay for remedial activities. In 1996, the TCEQ undertook emergency actions which included consolidating drums under one of the onsite structures, and erecting a fence to restrict access to the site.

The TCEQ prepared the Hazard Ranking System (HRS) document in August 1998. The HRS is a numerically-based screening system that uses information from initial, limited investigations to assess whether a site qualifies for the state or federal Superfund program. Sites scoring 28.5 or greater may qualify for the federal Superfund program, while sites scoring 5 or greater may qualify for the state Superfund program. The site earned a score of 12.88.

The Remedial Investigation (RI), which includes field work, laboratory analysis, and interpretation of collected data for the purpose of determining the nature and extent of contamination associated with the site, was initiated in 2001. The RI Technical Memorandum, dated April 2004, includes a summary of the investigation activities. The investigation concluded that the shallow groundwater beneath the site is impacted by carbon tetrachloride, chloroform, and lead concentrations exceeding the Protective Concentration Level (PCL), also known as the cleanup level, applicable to the groundwater resource. The shallow surface soil at the site, from 0 to approximately 1 foot below grade, was found to have been impacted by semi-volatile organic contaminants, polychlorinated biphenyls (PCBs), and heavy metals, including lead and mercury. No off-site soil or sediment contamination was detected. A Screening Level Ecological Risk Assessment (SLERA) was completed in July 2005. The SLERA concluded that based on conservative factors applied in calculating ecological risk at the site, it is likely that actual ecological risk from site-related chemicals is not present.

In order to prevent additional releases of hazardous substances to the shallow groundwater beneath the site, the TCEQ will conduct a removal action in February and March 2007. The removal action will consist of the excavation and offsite disposal of surface soil which contains COCs in excess of appropriate cleanup levels.

As the shallow groundwater beneath the site contains COCs in excess of the appropriate cleanup levels, the TCEQ prepared a Focused Feasibility Study (FS) for Groundwater in December 2006. The Focused FS presented an evaluation of potential remedial alternatives to address these hazardous constituents. Based on this evaluation, the TCEQ proposes to establish a plume management zone (PMZ). A PMZ modifies the standard groundwater cleanup objectives by controlling and preventing the use of and exposure to the groundwater within the PMZ by recording institutional controls in the real property records. The institutional control would be placed on each property which overlies groundwater contaminated above the PCLs and would describe the specific area of the PMZ on the affected property.

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 March 28, 2007, and should be sent in writing to Carol Boucher, P.G., Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, 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 March 29, 2007.

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 Orange Public Library, 220 North Fifth Street, Orange, Texas 77630-5796, (409) 883-1086. Copies of the complete public record file may be obtained during 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 person 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 www.tceq.state.tx.us/remediation/superfund/sites/index.html.

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) 239-2501. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141.


Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 13, 2007

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