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AGENCY Texas Commission on Environmental Quality
ISSUE 03/02/2007
ACTION Miscellaneous

Notice of Meeting on April 5, 2007, in Nacogdoches, Texas Concerning the Woodward Industries, Inc. Site

The purpose of the meeting is to obtain public input and information concerning proposal of the former Woodward Industries, Inc. site to the state registry of Superfund sites, the identification of potentially responsible parties, and to help determine the appropriate land use of the property.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the 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 September 29, 2006, issue of the Texas Register (31 TexReg 8265-8266).

Pursuant to §361.184(a) of the Act, the commission 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 Woodward Industries, Inc. site is located. With this publication, the commission hereby gives notice of a site that the executive director has determined is eligible for listing, and which the executive director proposes to list on the state registry. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is gathering information on the use of the property as the proposed land use designation and associated clean-up level will be based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rule at 30 Texas Administrative Code (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 executive director. This notice of intent to list this site was also scheduled to be published on March 2, 2007, in the Nacogdoches Daily Sentinel.

The site proposed for listing is the former Woodward Industries, Inc. site, located on 403 County Road 816, Nacogdoches, Nacogdoches County, Texas. The geographic coordinates of the site are 31 degrees, 43 minutes, 26 seconds north latitude and minus 94 degrees, 40 minutes, 56 seconds west longitude. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System. The Hazard Ranking System 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.

The seven-acre site is located approximately six miles north of Nacogdoches, south of County Road 816 and Mahl, Texas. Two residential properties are located nearby, one to the east and one west of the site.

Wood treating operations, using pentachlorophenol, were conducted at the site in 1947 until 1982. The ownership of property changed hands several times during this period. In 1992, Woodward Industries sold the property to Texwood, Inc., a pallet rebuilding company. On September 30, 1996, Texwood, Inc. sold the property to B.F. Woodward. Between 1996 and 2004 the property changed owners three times. On April 30, 2004, Don L. and Marsha L. Shoemaker purchased the property.

On August 8 - 9, 2005, soil samples were collected from eight locations. One sample location was designated as the background sample location. Samples were collected from the former wood treating site, a location east of the former wood treating site, and from a private baseball field. The soil samples were collected from various depth intervals from the surface to seven feet in depth.

Sample results showed that copper, lead, mercury, and semi-volatile organic compounds were detected below levels of health concern. Results also showed that pentachlorophenol and dioxin/furans were detected on-site above acceptable levels for residential property. Short term exposure to the measured levels of the pentachlorophenol and dioxin/furans are not expected to be an immediate health concern. However, there is the potential of adverse health effects from long-term exposure to these constituents. Additional sampling is necessary to determine whether the levels of pentachlorophenol and dioxin/furans are found consistently on the residential property.

Access to the site is currently unrestricted and private recreational use appears to be the only current usage of the site.

A public meeting will be held at 7:00 p.m. on April 5, 2007, at the Nacogdoches County Courthouse, Commissioners Court, Suite 170, 101 Main Street, Nacogdoches, Texas 75961. 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 that is the subject of this notice is located. The public meeting is 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. on April 4, 2007, and should be sent in writing to Alvie L. Nichols, Project Manager, TCEQ, 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 April 5, 2007.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Nacogdoches Public Library, 1112 North Street, Nacogdoches, Texas 75961, (936) 559-2970, during regular business hours. 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. 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 World Wide Web at www.tceq.state.tx.us/remediation/superfund/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. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Ms. Kelly Peavler, TCEQ Community Relations, at (800) 633-9363, extension 1352.


Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 20, 2007

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