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AGENCY Texas Commission on Environmental Quality
ISSUE 05/02/2008
ACTION Miscellaneous

Notice of Meeting on June 5, 2008, in Odessa, Ector County, Texas Concerning the Process Instrumentation and Electrical (PIE) Facility

The purpose of the meeting is to obtain public input and information concerning the proposal of the Process Instrumentation and Electrical (PIE), Inc., facility (the facility) in Odessa, Ector County, Texas to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas 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 October 5, 2007, issue of the Texas Register (32 TexReg 7120).

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 in 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 the facility was also published on May 2, 2008, in the Odessa American.

The facility proposed for listing is located within the PIE property and consists of a cinder block building where a chrome plating shop once operated. The site consists of approximately 3.832 acres and is located at 4817 Andrews Highway, Odessa, Ector County, Texas. The latitude of 31 degrees 53 minutes 23 seconds North and longitude of 102 degrees 23 minutes 18 second West are centered at the southwest corner of the property at the intersection of West 48th Street and Andrews Highway (or Highway 385). 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 site is located in a light commercial/residential area adjacent to the Odessa city limits. It is believed a chrome plating shop operated on the site between 1964 and 1974. The property changed hands after the chrome plating operations ceased. The current owner, is Oil and Gas Construction, Inc., who previously operated an oil field-related facility at the site. The site is currently inactive.

In 1994, the Region 7 field office of the Texas Natural Resource Conservation Commission (TNRCC), predecessor agency to the TCEQ, responded to a complaint concerning a green discoloration in the PIE facility's well water located at 4817 Andrews Highway, Odessa, in Ector County. The TNRCC Region 7 sampled nine water wells for total chromium. Chromium was detected in two on-site wells above the United States Environmental Protection Agency (EPA) National Primary Drinking Water Regulations Maximum Contaminant Level (MCL) of 100 parts per billion (ppb) for total chromium (chromium (III) and chromium (VI)). In addition, two wells at 206 West 48th Street (located directly west of the PIE site) had total chromium values above the detection limit but below the MCL of 100 ppb. The remaining five wells were below detection limits.

Following a determination by the Enforcement Screening committee in 1995 that PIE was financially unable to fund the investigation and remediation, the facility was referred to the Superfund Cleanup Division for further investigation and remediation.

During December 2005 and January 2006, the TCEQ collected samples from 23 groundwater wells and detected the volatile organic compounds 1,2-dichloroethane (1,2-DCA) and tetrachloroethene (PCE), and the metal chromium in nine wells. PCE was detected between 0.50 and 630 ppb as compared to the MCL of 5 ppb; 1,2-DCA was detected between 3.64 and 11,810 ppb as compared to the MCL of 5 ppb; and chromium (VI) was detected between 22.2 ppb and 1,340 ppb as compared to the total chromium MCL of 100 ppb. Of the wells that had detections, four were residential drinking water wells and one was a commercial drinking water well. As part of a removal action to protect human health, the TCEQ installed four filtration systems. All other residences were found to be connected to city water. To date, the TCEQ continues to quarterly monitor the groundwater contaminate-plumes and maintain the filtration systems.

A public meeting will be held at 7:00 p.m. June 5, 2008, in the Community Room at Odessa College Student Union Building, which is located at 201 West University, Odessa, Texas. The purpose of this meeting is to obtain additional information regarding the facility 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 facility 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., June 4, 2008, and should be sent in writing to Diane Poteet, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2303. The public comment period for this action will end at the close of the public meeting on June 5, 2008.

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 Ector County Public Library, 321 West 5th Street, Odessa, Texas, (432) 332-0633, 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 TCEQ Web site 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 Kelly Peavler at (800) 633-9363 or (512) 239-1352. Requests should be made as far in advance as possible.

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


Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 22, 2008

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