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AGENCY Texas Commission on Environmental Quality
ISSUE 07/27/2001
ACTION Miscellaneous

Notice of Public Hearing by the Texas Natural Resource Conservation Commission on the Publication of a State Registry

The Texas Natural Resource Conservation Commission (TNRCC 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 May 18, 2001 issue of the Texas Register (26 TexReg 3660-3661).

Pursuant to §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 TNRCC hereby gives notice of a facility or area 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 TNRCC 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 TNRCC proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site.

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 July 27, 2001, in the Corsicana Daily Sun.

The facility proposed for listing is the Melton Kelly Property, located on County Road 3250, near Chatfield, Navarro County, Texas. The geographic coordinates of the site are 32 degrees 17 minutes 13 seconds North Latitude and 96 degrees 22 minutes 12 seconds West Longitude. The description of the site (release) 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 TNRCC to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The Melton Kelly Property Site (Site) is located in a rural, agricultural area, approximately four miles northeast of Chatfield, Texas. The site is located on a 46-acre tract of pastureland and consists of three identifiable burn areas that were used for metal salvage operations. On or before February 1, 1994, salvage material (insulated copper wire, tubing, electrical parts, switches, and circuit cards, etc.) was transported to the site, placed in piles, and burned using automobile tires to ignite the debris. Recoverable metals were removed from the ash piles and presumably sold for salvage value. Remaining scrap and ash-like wastes were left in place.

In April 1999, the TNRCC conducted a Screening Site Inspection (SSI) sampling event at the Site. The primary objective of this event was to document the release(s) or potential release(s) of hazardous substances from the Site to the shallow groundwater in the area and surface waters flowing from the Site. During the SSI, five composite soil/sediment samples were collected from the three burn areas to assess remaining soil contamination. The sampling results showed high levels of inorganics, semi-volatiles, and pesticides in the surface and sediment soils.

A public meeting will be held on Thursday, August 30, 2001, at 7:00 p.m. at the Chatfield Community Center, located in the community of Chatfield on FM 1603 approximately 5-1/2 miles east of IH-45. 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 facility subject of this notice is located. The public meeting will be legislative in nature and 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. August 30, 2001, and should be sent in writing to Alvie L. Nichols, Texas Natural Resource Conservation Commission, Superfund Cleanup Section, Remediation Division, MC-143, P. O. Box 13087, Austin, Texas, 78711-3087. The public comment period for this action will end at the close of the public meeting of August 30, 2001.

The executive director of the TNRCC prepared a brief summary of the commission's records regarding this Site. This summary and a portion of the records for this Site, including documents pertinent to the executive director's determination of eligibility, are available for review at the Corsicana Public Library, 100 North 12th Street, Corsicana, Texas 75110; at (903) 654-4810, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the TNRCC Records Management Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; at (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

TRD-200104002

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2001



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