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AGENCY Texas Commission on Environmental Quality
ISSUE 04/06/2007
ACTION Miscellaneous

Notice of Meeting on May 17, 2007, in Tenaha, Shelby County, Texas Concerning the Shelby Wood Specialty, 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 using non-residential standards for setting cleanup levels at the site.

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).

Pursuant to the Act, §361.184(a), 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 facility is located. With this publication, the commission hereby gives notice of a facility that the executive director has determined eligible for listing and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The commission proposes 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 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 facility was also published on April 6, 2007, in The Center Light & Champion and on April 12, 2007 in the Timpson & Tenaha News.

The facility proposed for listing is the Shelby Wood Specialty, Inc. site, located at 3295 US Highway 84 East, Tenaha, Shelby County, Texas. The geographic coordinates of the site are Latitude 31 degrees 57 minutes 23 seconds North and Longitude 94 degrees 11 minutes 31 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.

The facility known as the Shelby Wood Specialty, Inc. site covers approximately 27.4 acres and is located three miles east of Tenaha. The site is bounded by US Highway 84 on the north, a residence on the west, wood and pastureland on the south, and pastureland on the east. The records indicate that the site operated as a wood treating facility from approximately the mid-1970s to the mid-1980s.

The facility treated wood with copper chromium arsenate (CCA). The facility used 4 to 5 acres of the 27.4-acre property. Rails at the facility led to a pressure vessel in which CCA was used to treat wood. The pressure vessel and chemical tanks have been removed from the site, and the rails have been covered with concrete. A previous investigation in 1989 suggested elevated levels of chromium, copper, and arsenic. On August 23, 2005, TCEQ conducted soil sampling from 1 to 8-inch depths at the site. The sampling results indicated releases of arsenic, cadmium, chromium, copper, magnesium, manganese, sodium, zinc, and other chemicals at levels greater than three times those that occur naturally in the environment. Hazardous substances have also been detected in sediment samples taken from wetlands located 0.8 miles downstream from the site.

A public meeting will be held on May 17, 2007, at 7:00 p.m., at the Tenaha City Hall, located at 122 North Center, Tenaha, 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 any additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility 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 May 16, 2007 and should be sent in writing to Sugam Shrestha, Project Manager, TCEQ, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile at (512) 239-2303. The public comment period for this action will end at the close of the public meeting on May 17, 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 Fannie Brown Booth Memorial Library, 619 Tenaha Street, Center, Texas, telephone number (936) 598-5522, during regular business hours. Copies of the complete public record file may be obtained during regular business hours or at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available for persons with disabilities on the east side of Building D, convenient to access ramps that are between Buildings D and E.

For further information about this site or the public meeting, please call Crystal Taylor, TCEQ Community Relations, at (800) 633-9363. Information is also available regarding the state Superfund program at www.tceq.state.tx.us/remediation/superfund/index.html.


Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 27, 2007

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