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AGENCY Texas Commission on Environmental Quality
ISSUE 10/05/2001
ACTION Miscellaneous

Notice of Proposed Selection of Remedy for Materials Recovery Enterprise, Inc. State Superfund Site

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this public notice of a proposed selection of remedy for the Materials Recovery Enterprise, Inc. state Superfund site (MRE site). In accordance with 30 TAC §335.349(a), concerning General Requirements for Remedial Activities, and Texas Health and Safety Code (THSC), §361.187, concerning the Proposed Remedial Action, a public meeting shall be held regarding the commission's selection of a proposed remedy for the Materials Recovery Enterprise, Inc. state Superfund site. The statute requires that the commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the Jim Ned Journal, Tuscola, Texas, on October 4, 2001.

The public meeting is scheduled at 7:00 p.m., Thursday, November 8, 2001, at the Jim Ned High School Cafetorium, located at 830 Garza Avenue, Tuscola, Texas. The public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001.

The site for which a remedy is being proposed, the Materials Recovery Enterprise, Inc. state Superfund site, was proposed for listing on the state registry of Superfund sites in the July 25, 1997 issue of the Texas Register (22 Tex Reg 6970).

The MRE site is located approximately 1/4 mile north of FM 604 and 1/2 mile east of US 83, approximately 4 miles southwest of Ovalo, Taylor County, Texas.

The United States Air Force, through command at Dyess Air Force Base in Abilene, Texas, operated the site as an F-Class Intercontinental Ballistic Missile (ICBM) site in the 1960s. The site consisted of a missile silo (174 feet in depth and 52 feet in diameter) lined with concrete, an underground launch control center connected to the silo by a tunnel, and supporting equipment.

On February 14, 1968, the United States Government sold the 11.47-acre property to Mr. James Smith. Mr. Smith then sold the property to Materials Recovery Enterprises, Inc. (MRE company) on December 7, 1977.

MRE company was issued a permit by the Texas Water Commission (predecessor agency of the TNRCC) to operate the facility as a Class I industrial solid waste management facility. Beginning in 1979, the MRE company operated the site primarily to accept wastewaters from the metal finishing and electroplating industries. Wastes were accepted at the site from approximately 1979 to 1984. However, the MRE company was unable to operate the facility in accordance with the issued permit and eventually abandoned the property in approximately 1987.

In 1997, the TNRCC identified potentially responsible parties (PRPs) and offered them the opportunity to fund or conduct the remedial investigation (RI). PRPs are those entities that, due to their generation of wastes disposed at the site, operation of the site, or transportation of wastes to the site, may be liable under state laws for the investigation and remediation of the site. Of the approximately 75 entities named as PRPs, approximately 35 agreed to conduct the RI and in 1998 entered into an agreed administrative order (the Order) to do so.

In accordance with the Order and the Amended Order, the MRE company participating PRPs have completed the RI, the RI report, the development of protective concentration limits document, the Tier 1 ecological exclusion criteria checklist, and the response action plan.

Based on information prepared by the PRPs in the response action plan, the TNRCC prepared the proposed remedial action document in August 2001. This document presents the proposed remedy and justification for how this remedy demonstrates compliance with the relevant cleanup standards.

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. November 8, 2001 and should be sent in writing to Mr. Jeffrey E. Patterson, Project Manager, 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 on November 8, 2001.

A portion of the records for this site, including documents pertinent to the proposed remedy, is available for review during regular business hours at the Abilene Public Library, located at 202 Cedar Street, Abilene Texas, at (915) 677-2474; and the Tuscola Mayor's Office, Tuscola City Hall, located at 418 Graham, Tuscola, Texas, at (915) 554-7766. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas, 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.


Stephanie Bergeron

Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: September 26, 2001

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