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AGENCY Texas Commission on Environmental Quality
ISSUE 05/11/2007
ACTION Miscellaneous

Notice of Public Meeting

Notice of public meeting on Thursday June 14, 2007 at 7:00 p.m. at the Cain Civic Center, 915 South Palestine, Athens, Texas concerning the Harvey Industries proposed state Superfund site.

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 Harvey Industries proposed state Superfund site (the 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 due to removal actions that have been performed the site no longer presents such an endangerment. This combined notice was also published in the Athens Daily Review on May 11, 2007.

The site was proposed for listing on the state Superfund registry in the May 9, 1995, issue of the Texas Register (20 TexReg 3506). The site, including all land, structures, appurtenances, and other improvements, is located at the southeast corner of the intersection of Farm Road 2495 and Texas 31 in Athens, Henderson County, Texas. The site also includes 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.

The site was developed as a television cabinet and circuit board manufacturing facility in 1955. In 1973 a landfill was permitted for the facility in the location of a former clay mining pit. The landfill reportedly received sawdust, wood, cardboard, general refuse, paint sludge and other industrial solid wastes. A hazardous waste incinerator and a fire training area were also located on the site separate from the landfill. The waste incinerator and fire training areas, including associated groundwater impacts, were remediated by previous owners or operators of the site prior to the site being proposed to the state registry of superfund sites. The hazard ranking system documentation prepared for the site in 1994 identified potential hazards associated with the landfill and potential hazards associated with approximately 300 drums and containers of paint wastes and spent solvents located in various structures on the site. The drums and containers of waste were removed by a third party under an agreement with the state which provided for cleanup of the on-site buildings and warehouses in exchange for the right to lease the warehouses.

From 1996 through 1998 the state conducted a remedial investigation of the site which determined that no hazardous substances exceeding protective concentrations were located within the landfill or soil at the site. However, the investigation determined that arsenic, beryllium, lead and nickel slightly exceeded protective concentrations in shallow groundwater at the site. A 2001 draft proposal to address groundwater contamination by natural attenuation was withdrawn by the state when the protective concentration for arsenic was revised by a change in federal regulations.

Additional site investigations conducted from 2002 through 2005 determined that landfill gas (methane) generated by the decomposition of solid waste in the landfill at the site could have presented a future hazard to occupants of the nearby on-site buildings and could have affected the groundwater chemistry to allow the mobilization of contaminants in groundwater. Therefore, in 2006, a landfill gas venting system was installed to prevent buildup and further migration of landfill gas and to improve groundwater geochemistry.

Ongoing groundwater monitoring conducted since 2001 has demonstrated that no hazardous constituents associated with the site remain in groundwater at levels that present a risk to human health or the environment. It is believed that natural attenuation and changes in geochemistry associated with the landfill gas venting system will prevent future occurrences of hazardous substances above protective concentrations in the groundwater associated with the site. In one very isolated area outside the boundaries of the facility, shallow groundwater impacted by cadmium exceeds protective levels. However, this contamination is not attributable to the site and therefore is not being addressed as part of the site.

In accordance with 30 TAC §335.5(a), notice will be recorded in the county deed records in Henderson County that an industrial solid waste landfill remains on the site. The TCEQ will conduct long-term operations and maintenance (O&M) activities to ensure continued function and integrity of the industrial solid waste landfill cover, the landfill gas venting system, a perimeter fence around the landfill and groundwater monitoring wells. O&M activities will include groundwater monitoring to ensure that no future releases are associated with the solid waste in the landfill remaining on site.

As a result of the removal actions that have been performed at the site, the ED has determined that the site no longer presents an imminent and substantial endangerment to public health and safety or the environment. Therefore, no further action other than continued O&M activities 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 beyond continued O&M activities. 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 Thursday June 14, 2007 at the Cain Civic Center, 915 South Palestine, Athens, Texas.

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 June 13, 2007, and should be sent in writing to Alan Etheredge, Project Manager, TCEQ, Remediation Division, MC 143, 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 June 14, 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 Henderson County Library, 121 S. Prairieville Street, Athens, Texas, (903) 677-7295. 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) 239-5674. Requests should be made as far in advance as possible.

For further information regarding this meeting, please call John Flores, TCEQ Community Relations, at (800) 633-9363.


Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 1, 2007

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